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STREET MUSIC
IN THB
METROPOLIS.
CX)RBESPONDBNOB AND OBSERVATIONS ON THE
EXISTING LAW, AND PROPOSED
AMENDMENTS.
BT
MICHAEL T. BASS, M.P.
LONDON:
JOHN MUBBAT, ALBEMABLE STBEET.
1864.
^l^iruJi. ^^ Jf9Utm^ rfit
XAKDUH : PrarrSD BX W. CLOWKS AVD boss, .BIAMVOBD «fXSXKT
vAHD GHABXBO OBOflS.
\^
PEEFACE.
■•o*-
Last year I was induced^ by the entreaties of a large
iramber of personsi to bring under the notice of th6
House of Commons the question of Street Music. A
debate took place ; but^f on technical grounds^ my
Motion was not put. Public attention was, however,
drawn to the subject. I received letters from persons
of all classes ezpremng their gratitude to me for
taking up this question, and urging me to perseveres
I therefore, early this Session/ gave notice that I
should move for leave to introduce a Bill for the
better Begulation of Street Music in the Metropolitan
Police District This public intimation gave .rise to
» more varied and voluminous correspondence than I
could have believed possible. Nothing but a carefal
perusal of their letters could convey any idea of the
anxiety felt by sa many persons for some effectual
VI PBEFAOE.
check to the daily increasing grieyance of organ-
grinders and street music. The petitions for pre*
sentation sent to myself and other Members of Par-
liament have been numerously signed by all the
learped professions.* I have received letters and
memorials from the most distinguished literary and
scientific men. One very remarkable memorial has
been addressed to me, signed by the leading Com*
posers and Professors of Music in the Metropolis, and
supported by upwards of 200 signatures ; it is headed
*^ The STBEET-OBaAN Nuisance," and proceeds to
state that» ^' We, the undersigned members of tiie
Musical Profession, heartily approve of your Bill
before the House of Commons for the prevention of
the above nuisance, by which our professional duties
are seriously interrupted, and, shoxdd the measure bd
carried, it will confer an inestimable boon upon u&?
This spontaneous support from the most competent
judges will, I trust, relieve me from the libel of being
an enemy to music, at proper times and in suitable
places.
The defective state of tiie existing Police Law in
regard to street music in London requires to be
better known; for great misapprehension prevails
• Vide Appendix.. .
PBEFACE. YU
upon this pointy and that too in quarters where one
would not expect it.
As I am well aware of the engrossing nature of
the pursuits which occupy the attention of Members
of both Houses of Parliament^ I have thought it ad-
visable to publish here, in a form that may be readily
perused, a precis of the ** Street Music Griev*
ance/' containing extracts from the Letters and
Statements of a few of my correspondents: their
intrinsic interest wiU, I trust, be a sufficient apology
for their publication* I have also included extracts
from newspapers and reviews, and reports of some
of the Police Magistrates' decisions ; all which evi-
dence will enable any Member of the Legislature and
the public generally to form a correct opinion of the
real state of the existing law, and will demonstrate
what great obstacles are opposed by street music to.
the progress of art, science, and literature ; and
what torments are inflicted on the studious, the
sensitive, and the afflicted. At the same time, I have
embraced the opportunity of explaining what the Bill
I have introduced into the House of Commons really
is intended to effect, as hitherto a great deal of mis-
conception has existed with regard to its scope and
provisions*
vm PBEFAOE.
Andy finally, I yentore to think that no candid
person of good feeling can read this Utde Yolmne
without coming to the condnsion that the licence
at present extended to street mnsic in the Metro-
polis has grown into an intolerable grievance, which
requires to be checked, and which can only be effec-
tually checked by an amendment of the existing
Law»
Michael T. Bass.
June 21, 1864.
STREET MUSIC IN THE METROPOLIS.
CHAPTEE I.
The Act of Parliament which constitutes the exist-
ing Law touching Street Music in London, is the
2 and 3 Vict. c. 47, s. 57 : intituled *^ An Act for the
furtlier improving the Police in and near the Metro-
polis ;'* by which it is enacted, *' That it shall be law-
ful for any householder within the Metropolitan
Police District* personally, or by his servant, or by
any police 'constable, to require any street musician
to depart from the neighbourhood of the house of
such householder on account of the illness of any
inmate of such house ; or for other reasonable came ;
* That is to say, within any parish, township, precinct, or place
not exceeding fifteen miles, in any direction, in a straight line from
Charing Gross. This extends over a circle ninety miles in circum-
ference.
B
2 STREET MUSIC
and that every person who shall sound or play npon
any musical instmment in any thoroughfare near any
house, after being so required to depart, shall be
liable to a penalty of not more than forty shillings^ and
in de&ult of payment to be imprisoned for any
period not exceeding one month,** And by Section 63 of
this Act it is enacted, '^ That it shall be lawful for
any constable belonging to the Metropolitan Police
District^ and for all persons whom he shall call to his
assistance, to take into custody, without a warrant,
any person who, within view of any such constable,
shall offend in any manner against this Act, and
whose name and residence shall be unknown to such
constable, and cannot be ascertained by such con-
stable."
It will be at once seen, therefore, that little or no
redress can be obtained by persons annoyed by street
musicians in London. In the first place, they must
be playing or sounding in a thoroughfare, and near
the house. They may play with impunity in any
alley, mews, cul-de-sac, fore-court, or garden, not
being a public thoroughfare, however near any house
and however distressing it may be to the inmates of
such house on account of illness or other reasonable
cause.
Secondly. They may play in any thoroughfare,
near any house, however annoying to any in-
mates of such house, unless illness or some other
IN THE METROPOLIS. 3
reasonable cause can be alleged ; and what amounts to
a reasonable cause to justify removal of such street
musicians, is variously interpreted by the Police
Mi^istrates ; and the Chief Commissioner of Police,
Sir B. Mayne, has positively issued his instructions
to the Superintendents of Police, to give instructions
to the police constables not to remove street musi-
cians for any reasonable cause, but to report to his
sergeant at the station.*
* STREET MUSIC (METROPOLIS).
Retubn to an Address of the Honourable The House of Commons,
dated 9th May, 1864 ; for,
A *' COPT of all the Instbuctions given or oommtmicated to the
PouoE Constables of the Metbofolitan Dibtbiot, for the purpose
of defining their duties with regard to the Bemoval of Stbbbt
MusiciAKB, under the Act 2 & 3 Vic. c. 47.'*
PouGB Obdeb. — 11^ Deoember, 1859.
Stbeet MusiciAira.
The superintendents are to give instructions to the constables, that
the law does not authorise them to remove street musicians, unless at
the request of an inhabitant on account of iUness of an inmate of the
house, or for other reasonable cause. If it be stated that an inmate is
iU, and there is no reason to doubt such statement, the constable is
to require the musicians in the street to depart from the neighbour-
hood of the house. "Whenever any cause other than that of illness is
stated by the inhabitant, the constable is not to remove the musicians,
bat report the first opportunity to his sergeant, or at the station, the
cause stated to him for the removal ; the constable is not to take any
further steps without instructions from his superior officers.
The superintendent or inspector on duty at the station is to give
4 STREET MUSIC
This appears to me to be an instruction opposed to
the very spirit and intention of the Act ; and my
friend Mr. Cavendish Bentinck, whose name is on
the back of my Bill, moved for a copy of these
instructions (20th May, 1864), for the information
of the House.
I shall have occasion to revert to this, but I wish
to complete my analysis of the existing Law.
Thirdly. It is obvious that a householder only can
put the law in motion, no other person — no lodger ;
no person dwelling in chambers, or occupying fur-
nished, or even unfurnished apartments (furnished
by himself) — can order, by himself or his servant, any
street musician away, though his wife or child may
be dangerously ill.
Lastly. I must observe, that the 63rd section of
directions according to his discretion as to the sufficiency of the cause
aUegcd by the inhabitant for removal, and if complaint is made
against the constable for removing the musicians, the householder is
to be required to attend before the magistrate to give evidence of the
cause for which he required the constable to act, and a report is to be
made to the commissioner whenever a constable requires the mu-
sicians to depart for any other cause than illness of an inmate of a
house.
Should the musicians continue to play in the street after being
required by the constable to depart, tlie constable is to ascertain
their names and addresses, and if he cannot obtain this information,
he is to take the musicians into custody, according to the Law 2 and
3 Vic cap. 47, sec. 63.
(Signed) Richabd Mayne.
wmmmmmm
IN THE METROPOLIS. 5
this Act* requires the ofifence to be committed
" within view " of the constable in order to take such
offenders into custody without warrant. It is next
to impossible to take the offenders into custody, as it
is not likely they will offend within view of the
constable.
Silch is the existing Law in regard to street music ;
and I shall now present the reader with such an array
of testimony — with such a mass of evidence of its in-
operative character, and of the grievous consequences
resulting from its ineflSciency to repress or check the
nuisance— that I am inclined to think few persons
who may do me the honour to read this little book,
but will agree with me that something must be done
to remedy the evil.
* Sec. 63. And be it enacted that it shaU be lawfiil for any con-
stable belonging to the Metropolitan Police District, and for all
persons whom he shall call to his assistance, to take into custody
without a warrant, any person who within (he view of any such
constable shall offend in any way against this Act, and whose name
and residence shall be unknown to such constable, and cazmot be
ascertained by such constable.
6 STREET MUSIC
CHAPTER II. t
SUFFERERS FROM STREET MUSIC.
I WILL now give, in confirmation of my views, as to
the wholly inoperative character of the existing Law,
some Letters and Memoridky forming but a small part
of the correspondence addressed to me by persons who
have evidently been severe sufferers from street
music.
PiTKOH Office, 85, Fleet Street,
2drd May, 1864.
Sir,
I yentube upon what might possiblj be considered an
impertinence, were not the subject of my note of public interest.
I am so greatly interested in the success of your measure for the
regulation of street music, that I am desirous of stxengthening your
hands by putting you in possession of some &cts within my know-
ledge. I formerly lived in Gk}rdon Street, Gk)rdon Square, but was
compelled to quit London, to escape the distressing consequences of
street music, although Gordon Street was comparatively a quiet
locality. A dear friend of mine, and one to whom the public has
been indebted for more than twenty years, for weekly supplies of
innocent amusement, and whose name will find a place in the
future history of Art, has not been so fortunate. He Uved in Bruns-
wick Square, and remained there until the nervous system was so
seriously affected by the continual disturbance to which he was sub-
jected whilst at work, that he was compelled to abandon a most
desirable home, and seek a retreat at Kensington. After expending
IN THE METROPOLIS. 7
oonsideiable snms to make his present leridenoe oonTenient for his
art work — ^pkusing double windows to the fix>nt of his house, &c. ;
he is again driven tram his home hj the continnal visitation of street
bands and organ-grinders. The effect npon his health prodnoed— on
my honoor, by the causes I have named— is so serious, that he is
forbidden to take horse-exerdse, or indulge in fiist walking, as a
palpitation of the heart has been produced — a form of angina pectoris,
I believe — and his friends are most anxiously concerned for his safety.
He is ordered to Homburg, and I know that the expatriation will
entail' a loss of nearly £50 a week upon him just at present I am
sure I need not withhold from yon the name of this poor genfleman
— it is Mr. John Leech.
If those gentlemen who laugh at complaints, such as this letter
contains, were to know what are the naiural penalties of oorutant
brain-work, they would not encourage or defend such unnecessary
inflictions as sfareet music entails upon some of the bene&ctors of
their age. Such men are the last to interfere with the enjoyments of
their poorer fellow-labourers ; but they daim to be allowed to pursue
their callings in peace, and to have the comfort of their homes
secured to them. All they ask, is to have the same immunity from
the annoyances of street music as the rest of the conmiunity have
from dustmen's bells, post-horns, and other unnecessary dis-
turbances.
The objection to street noises is not a matter of toite. It involves
the progress of honest labour, and the avoidance of great mentiJ
affliction.
Apologizing for the liberty I have taken,
Believe me.
Yours fidthfully,
Mabx Lkmon.
Jff. T. SoM, Esq,, M.P,
11, Philpot Lanb, Loinx)ir. E.C.
Uh May, 1864.
Snt,
ALTHorGH I have not the honour of your acquaintance, I
cannot refrain from writing to thank you for the advocacy of the
suffering better classes you have taken up in the House of Gonmions,
in endeavouring to procure a mitigation of the daily torture — ^than
8 STREET MUSIC
which almofit any amount of physical pain is more endurable—
we have to suffer from those abominable curses of our streets, the
barrel-organs. Sir, do not let the indifference of your opponents
— ^many of them living in such comfort that they can, when they
desire, retire to rooms where the street music cannot be heard, or at
most only one barrel organ at a time — damp your ardour in your
great work. If you succeed in giving us power to send away Ihose
curses of my existence, I, for one, of many thousands, will consider
you one of our greatest benefactors. You will, I trust, excuse my
calling your attention to the points which call for reform. Lord
Fermoy and Sir George Grey know and can know nothing of our
sufferings under the present law. By it, a householder may require
an organ-grinder to go away. Practically, no organ-grinder will go
away unless the housekeeper goes out personally. I have seen
servants assaulted by those Savoyard fiends, and I know that most
female servants are not to he induced to go out to send the
Uadkgiwrds away, because they are in fear of them. Therefore, the
remedy— in the householder having to relinquish his pursuits, lose
his time, and ruffle his temper, by a row in the streets with the
grinder, who is always surrounded by a set of street vagabonds — is
almost as disagreeable as the cure.
But a most important point is, when you succeed in getting theHi to
go away — ^where do they go to ? Bound the comer, or a few doors
further away, where their noise is just as distinctly heard, a^d send
their oompanions to torment the householder ; so he has the same
scene over again and again, aggravated by the noise of two contem-
poraneous organs. And in a square — I live in a square — an
organ grinding on the other side of the square is as distinctly
heard as though it were imder my windows. On that point nothing
will suffice, but a law by which a householder can get the protection
of the police, and once for all be rid of the barrel-organs. I have
corresponded with the police on the subject, and they declare their
inabihty to protect me in any way. Sunday is the only day when
existence is endurable. It is nonsense to say that people in illness or
at death's door are those most to be considered. Were I very ill,
with nothing to think about but my suffering, and how to mitigate
it, street music would often not be disagreeable.
To those like myself, in such health as over-worked citizens can
be, with the nerves in constant tension, a " reasonable cause " is tom-
foolery. I go home from the City, the brain overwrought, feverish,
and fatigued, and I require rest and change of occupation — reading.
IN THE METROPOLIS. 9
writing, music — and these are impossible with the horrible street
music from ail sides — ^the very atmosphere impregnated with that
thrice-cursed droning noise — that abomination of London which makes
me ill, which positively shortens my life from the neiTous fever
which it engenders.
Tell Lord Fermoy and your opponents, who never need hear street
mugie when they are not inclined, that their opposition to you is positive
inhumanity. Those who want to hear barrel-organs, shoidd think it
no hardship to have to call the grinder into their houses, and give
him a few pence to play for them ; but in a well-regulated country,
it is a disgrace and an anomaly that one inhabitant of a square, by
giving money and encouraging these pests, shoidd have it in his or
her power to make 300 or 400 people more or less uncomfortable,
miserable, or frantic, according to their nervous disposition.
Sir, I sincerely thank you for endeavouring to procure a reform of
the law for us in this matter ; and apologizing for the length of my
letter,
I have the honour to be,
Your obedient servant,
VioTOB BAume.
M. T, Bass, Esq., M.P^
19, Lower Belgrave Street, 8.W.
32, Makchesteb Stbeet, Manchester Squabe,
June 15, 1864.
Sib,
You will, I trust, excuse the liberty I take in writing to thank
you for the great boon you axe conferring on my profession in per*
ticular, and society in general. I am perfectly certain that all the
ladies who keep schools will be most grateful to you for your efforts
to remove or limit the present nuisance of street music.
You are, I presume, aware that the majority of the unfortunate
men who torture London society with the dismal strains of their
organs, and other instruments, are not bond fide beggars, but the
hired servants of some speculating individual in the City, who pro-
vides the instruments.
I have frequently heard you spoken of by a very talented pupil of
mine, and the fact of your acquaintance with her fjEumly has em-
boldened nie to send you these few remarks.
A
XO STREET MUSIC
I beg again to thank you for yonr exertions regarding the nuiaance
of street mnsic, very much indeed; and I feel sure that the measure
will be most highly appreciated by the greater part of the inhabitants
of London.
I beg to remain. Sir,
Your obedient servant,
J. Balsib Chattebton,
Harpist to Her Majesty the Queen,
M, T. Bass, Esq,, M.P.
6, Gleyeland Tbbraoe, Htde Pabs; W.
Uh May, 1864.
Sib,,
I TBUST you will excuse me addressing you a few lines on
the subject of street music, on which I see you have obtained leave
to introduce a BiU. There is no doubt the law, as at present worded,
does not afford sufficient protection to the householder. It should
be borne in mind, as'the basis of all legislation on the subject, that
he is entitled to the quiet enjoyment of his house, whereas the street
musician is only by sufferance playing in the Queen's highway.
It seems to me that if the eause for which the musician is required
to move away were wholly omitted from the Act, it would be an im-
mense relief. Every householder should be able to order music
away from his neighbourhood, without assigning any reason, and
80 'should every member of his family. Ladies should be able to
\ protect themselves from the annoyance and interruption caused them
in their household duties, or their own musical practices, by the
public music in the streets. Then, the householder should have the
power of giving into charge to the first policeman he can find, the
musician who refuses to move away when required, even if the
ofience be not committed within his view.. It is these words which
over-ride all offences against the Act, which give the musician so
great an advantage over the householder. The power of summon-
ing a man who pretends not to understand English, and may give
a &lse address, is next to useless. I write as a sufferer. I am a
clergyman, in delicaie health, having had a severe nervous illness.
Opposite to my house lodges a person who pays organs. I have
asked her not to do so. She persists in doing it. I order 6S the
organ-man; he refuses to go. I seek a polioeman — ^the lodger
mmm
IN THE METROPOLIS. 11
fltends on her baloonj, and long before a polioemaa can leach ilia
spot, flhe gives the musician notice, who disi^peara.
I am thns perfectlj helpless, and cansed mnch pain and serioaa
inteiraption hy the present imperfect state of the law. Wishing
yon every soooess,
I have the hononr to be. Sir, <
Ypja obedient servant,
J. £. Hall.
M. T. Bats, Etq^ M,P.
6, Glevelakd Tebbace, Htdb Pare, W.
lOe^ May, 1864.
Sib,
I AM very much obliged to yon for your note of the 7th
instant, and for the copy of yonr Bill, which r^ushed me last night.
In the Police Act, there is a danse at the end, declaring, that to
justify a constable in taking into charge, certain specified offences
(street music among them) must be committed "in his view.** I
am not conversant enough with legal terms to say whether the words
of your proposed Bill, " It shall be lawful, &c. without warrant, &c,*'
would set aside the clause in the present Act above alluded to^ so
&r as street music is oonoemed, and enable a householder to follow
an oflender, and give him into charge of the first constable he met
even though the constable had not seen the offence committed.
Without this power, the householder is at a great disadvantage, as
was signally shown in Mr. Stanford's case, where the organ-man sat
upon his organ, and being so found by the constable, the magistrate
decided he was not justified in taking him into custody. I cannot
help thinking that inquiry at the several police stations (in the
West End statements), would elicit evidence in &vour of some
change. In my own case, when I applied to the inspector on duty
on Paddington Green, he told me that so numerous were the com-
plaints against organs, and applications for protection against them,
that he kept the page in the Commissioners' Instructions, relating to
street music, always tamed down, ready to show to complainant»—
and, I am sorry to say, to show how littie power he had to help
them. I do not know whether you have ever read those instnxy
tions of the Commissioners — ^but, if anything would, these would, I
^
12 STREET MUSIC
think, prove that some change is neoeasaiy. They appear to me
actually to make the present weak protection of the householder
still weaker. The constahles are instructed, if a householder requires
him to remove music on account of illness, and he beUeves (he reamm
to he true (thus making the constable the judge of the householder),
he is to remove it at once ; but if the householder assigns any other
cause, he is no^ to remove it, but to report the same on the first
opportunity to the sergeant, who is to report to his superior ! In the
meantime, where is the offending musician, and the aggrieved house-
holder? I am sure that if the inhabitants were polled, the vast
majority, rich and poor, would vote against organs, whatever they
might say about other kinds of music Tradesmen, in streets, where
the noise of the music is not overpowered "by that of the traffic, are
dreadfully annoyed and hindered in their business. I know many
ladies who suffer from the same cause; and the poor constantly
joomplain. What class of their constituents can the metropolitan
Members please by opposing a Bill securing an undoubted right to
the householder ? It would, I think,, be a great help, if, towards the
8th of June, some letter could appear on the subject in The Times,
so as to elicit some expression of opinion on the subject — and still
more so, if the editor could be induced to insert a leader upon the
subject, as he has upon other occasions. Every time a Bill is brought
in, and £ails, the hands of the musician are strengthened.
You are at perfect liberty to make what use you think fit of my
letters. I cannot exaggerate the annoyance and injury I suffer, nor
can a better example be adduced of tiie utter powerlessuess of the
present law to protect one against a pertinacious offender. I trust
you will excuse my addressing you again at such length.
Yours faithfully,
J. E. iTaTjIi.
M, T. Bass, Esq^ MP,
DouaiiAs HoTTSB, HiOHBVBY Nsw Pabe,
May 11, 1864.
Bib,
I TAKE this liberty of addressing a few lines to you in reference
to the BUI for the regulation- of street music, which I perceive &om
the papers you have obtained leave to bring into Parliament.
IN THE METROPOLIS. 13
Having been for thirty years a London clerg3rnian, dnring which
I have officiated among large and poor populations in the parishes
of St. Martm's-in-the-Fields, St. Andrew's, Holbom, where I held
iheincambency of SaffionHill for ten years, and latterly in the City,
I have had abundant opportunities of asoertuning the feelings of
the lower orders upon the music, especially the grind-organs which
infest the courts and other places, especially when children can be
congregated. I am certain that they are regarded as the greatest
annoyance and interruption to work, and that in cases of sickness,
confinements, &c., of which there are always some in eyeiy court and
narrow street in London, that they are a source of the greatest
discomfort, and, I might almost say, actual torture. I dare not
yentnre to say how often I have been interrupted in the most
solemn affiiirs of religion by these itinerant musicians, and have
been unable to proceed till I had purchased their silence. But
such cases are of constant occurrence, and I never yet knew a poor
person, with whom I have spoken upon the subject, who did not
bitterly complain of the grind-organ. I particularly advert to the
feaUngs and sayings of the poor, because it is often, though most
erroneously, supposed that restrictions upon street music would be
a diminution of their few pleasures. I wish also to advert to the
&ct that when I was incumbent of Saf&on HUl I had two courts
filled with the Italians, and that they were generally persons of very
bad.chareu3ter and most immoral habits. Those courts have been
destroyed by recent, improvements, but I am certain that wherever
Italians congregate there is a fearful amount of vice, and that in
their quarrels they use the hnife without the least scruple. I have
often been called in to see such cases.
I sincerely trust you may succeed in procuring a measure which
may rescue the putHic from this most horrible nuisance. I venture
to suggest that there should be a clause compelling those who wish
for grind-organs to take (he mttsician into their own houses. This was
suggested some time ago in The Timee.
Apologizing for the liberty I have taken in addressing you, and
for the length of this note,
I am, Sir,
Yours very respectfully,
J. M. BODWELL,
Bedor of 8t EtheUburgas,
London,
M, T. Ban, Esq,, M,P,
14 STREET MUSIC
Douglas House, Hiohbuby Nipw Pabk,
May 30, 1864.
Sib,
I TAKE the liberty of forwaxding for the &Toiir of yoor perosal
an extract &om The Timea newspaper of this date.
The only important inaccuracy is contained at the close, where I
am made to speak of street music as an annoyance to the dergy,
I spoke of it as an annoyance to the poor, especially the sick and
dying.
The clerk of the police court suggested that it would be yeiy
important if in this new Bill some definition of the word thorough/an
could be introduced, which should include airea» abutting thereupon^-
or that any request to a street musician to desist should be aj^licable
to the case of one playing in any such area.
The nuisance in almost all London thorough&ies is precisely the
same, whetiier the organ is played on the pavement or in an open area,
and any enactment in which this contingenoy is not provided for,
will in&Jlibly be inoperative.
You will observe that the magistrate quite indorses the suggestion
I made to you in my last, that there should be a clause compelling
those who wish for grind-Kirgans to take them into their own houses.
lam. Sir.
Your obedient servant,
J. M. BODWELL,
K r. Bass, Esq., M,P,
,24, Bbook Street, Gbosvenob Squabe,
20th May, 1864.
Sib,
I HAVE seen with great interest (and I ought to add with grati-
tude) the efforts you are making to diminish the nuisance of uncon-
trolled street music ; and, though not a constituent of yours, I hope
your forgiveness i^ as a physician and an habitual resident in London,
I venture to point out that the proposed Act of Parliament must
greatly £ail in its purpose, unless it enforce some restrictions as to
(1) the hours, and (2) the instruments of street music.
It is perhaps one of the most cruel and injurious items of the ex-
isting nuisance, that tick penom and young chUdren are consta/nUy
awakened, and kept awake, by street music at late hours, ranging up
to 1 a.m., or beyond. Unless they can arouse somebody else; imlees
IN THE METROPOLIS. 16
somebody else dreasefl, goes down stairs, and ont into the streets,
nnti],in his wanderings, he finds a policeman, and the policeman
letmns with him, the nuisance (as I nnderstand the proposed Act)
cannot be stopped. Again, the Act only applies to staHonary noises.
Bat the mob whidi, for some sommers past, has often paraded this
neighbonrhood between 10 and 11.30 pjn., with an uproar of drums
and fifes really tremendous, collecting as it goes all the scum of the
suROunding streets and alleys, will not (as it is always moving slowly
on) be subject to police interference at all.
It is not to you. Sir, that I need address any question as to whether
what is called ** the liberty of Englishmen " might not be widened so
as to include the liberty of getting rest and sleep at the times nature
assigns to them, and of keeping, if possible, health and life : but I
would most respectfully suggest that the lawless noise which disgraces
I/mdoQ, and which (so fisLr as my own experience goes) is without
parallel in any city of Europe, can hardly be got rid of, saye by (1)
prohibiting afl street musio after certain hours ; and (2) all such music
as collections of drums and fifes, except as parts of a procession,
military (Tolunteering) or otherwise, which may sufficiently daim or
excuse their use.
I have the honour to be, Sir,
Your very obedient servant,
William Bbinton, M.D.
M, T. Bom, Esq,, M.P,
10, King's Abics Yabd, Mogbgatb Street, E.C.,
&h June, 1864.
Sib,
With reference to your Bill for Begulating Street Music, the
second reading of which is fixed for Wednesday, I believe the fol-
lowing cases may be of service to you, to show the inadequacy of the
present law in cases of emergency.
In the year 1857, I resided in the Marquess Boad, Canonbury.
Hy wife was seized one morning with a dangerous illness, and two
medical gentlemen informed me that her chance of recovery depended
upon perfect quiet. So critical was her state, that I remained at home
for a day, for the purpose of seeing the doctors* orders carried out.
In the afternoon, an Italian commenced playing one of the loudest
ci barrel-organs opposite my house. I went out and informed him
that a lady was very dangerously ill in the house, to which I pointed,
and that he must stop playing. He held out his hand for money.
16 STREET MUSIC
I said *' No. If I begin to pay, I must oontinae it. Ton must stop."
He then made an insulting gesture, commonly called '* taking a sight,"
and went on playing. As every note had a serious effect upon my
wife, I placed my hand upon the strap of the organ, cautiously
abstaining from touching the man, and said, ** Now, I insist on your
stopping xmtU a police constable can be fetched." The man immedi-
ately detached from his organ the pole upon which the organ is rested,
placed the organ upon the ground, and using the pole with both
hands, showered blows with wonderful rapidity, any one of which was
sufficient to have killed me, if it had struck me on the head. With a
light cane I warded off some blows, and I candidly confess, knocked
out more than one of the ruffian's teeth ; but the pole was too heavy
for me. One blow fractured my right arm, and I was unable to
write for three weeks, besides having to pay a heavy surgeon's bill.
A police constable was found by the time the mischief was done.
Need I say that the passers-by all took the part of the ruffian ?
In another case of alarming illness in 1859, 1 wrote to the super-
intendent of the Islington police, and requested that he would prevent
street music being played in my road. He kindly comptied with my
request; but I was obliged to undergo periodical visits from an
inspector, and to account to him for the state of my wife's health,
until she was sufficiently recovered to save me from the infliction. I
am prepared to prove these cases upon oath.
I am. Sir,
Your obedient servant,
James S. Eingdon.
M. T, Bass, Esq,, M,P,
I must particularly draw attention to the above
note, because it is often said that these Italian organ-
grinders are harmless, inoflfensive men.
Little Oahfden House,
7{h June, 1864.
Deab Snt,
While I admire the brevity and condensation of the Bill, I
cannot but fear that it leaves us defenceless against the brutality of
our neighbours. There is nothing in it to prevent music in a man's
garden, or fore-court, or balcony. .The clause only says, **that a
IN THE METROPOLIS. 17
jfwnalty shall be mcurred by fhem who play," ^c, in any thotongh-
fiEoe near • any such house. Ought it not also to say, '* or in any
place within hearing thereof^" or words to that eflfect ? Onoe, telhen I
was lying dangeroudy HI, a neighbour of mine took a German hand up
into his balcony after they had been ordered off by the comtable on duty,
and kept them ikying for aJbowt two hours,
' I beUeve, in such cases, one might summon one's neighbour, but
the decisions of magistiates, we know, are somewhat capricious.
Would it not also be very desirable to forbid music entirely before
9 a.m. and after 9 p.m. ? I see some of those who lift up their Tdces
of wailing firom tioie to time in the newspapers, congratulated them-
selves upon being reUeved from the nuisance of the street-criers. In
what happy quarter can they Utc? I am invited every mormng,
before seven, to buy wat»(anesses, and aU through the day I am
offered vegetables of all kinds, fish, strawberries, door-mats, muffins,
flowers, band-boxes, chairs to mend, ornaments for the fire-stove.
What are the abolished cries? I enlisted the sympathies of Lord
DufTerin on our side on Sunday, and he promised to whip for us. I
tried hard with Mr. Sheridan, but I could make nothing of him,
because he " liked them."
Yours truly,
Alfred Wigajt.
If. T. Bass, Esq,, M.F.
EXTEIACT FROM A LbTTEB OV THE HONOUBABLB MbS.
Sir,
I HOPE you vnll excuse my writing to you without an in-
troduction. I only take that liberty » because I am certain I re-
present the feelings of hundreds on the subject you have undertaken
to bring before the House this day.
I live in a house from which, in three different directions, the
disturbance which goes by the name of ** street music," can be
distinctly heard. It begins at nine in the morning, and continues
till late at night, without intermission. I have frequently heard, al
one and the same time, with equal loudness, the several well-
known airs of ** Annie Laurie,** *' The Last Bose of Summer,** and
the prison song from the Trovatore.
The hour of iBxaily prayer has been changed four times, in the
vain attempt to get a quarter of an hour tmihtemipted by noise ;
and is daily shifted, and daily broken in upon by this wretched
nuisance.
C
18 STREET MUSIC
A dear member of my JSeunily.who had been dangeEoosly ill under
snrgeon'a care for nine weeks, and waa in a prooesa of alow and
very nervoua recovery, was ao afflicted with aleepleaanesa that hrain
fever was apprehended. After repeated remediea fw seyeral nighta»
he at length dropped aaleep, just at thoae morning houra when
thia infliction begins. His wife, his mother, and the female nnraet
although they had been up several nights, feared to leave the room
for rest or refreshment, lest the movement should break his slmnber ;
at this Very time croak comes THE BAND I I sent a servant to
a4jure them to pass on ; they would not His wife went down with
the same entreaty; they would not I went down myself; but of
course by this time ^e dispute and noise of instruments had
roused and alarmed the invalid, who became quite deUriom (ha iome
evening. So much for the present right to order the musicians to
*Vmove on."
• * • *
I have difficult law business, literary work, and am besides a
musical composer. Why is the actual earning of my income to be
prevented by the fordlde interruption of what in feet is one form
of begging^axid indeed of that peculiar form of begging akreadff
forbidden by law— the accosting persons and irmsting on alms : on
penalty of continuing those assaults on our ears and our brains*
which are now of hourly occurrence ?
I trust you will excuse this letter, and exert your influence in the
House to obtain eiUnoe for the sick, and those who are, perhaps,
watching their dead above stairs, while this curse of discordance is
going on under their windows; peace for the studious and indus-
trious, and that power of occupation, in the daily cares of Ufe, which
is actually rendered impossible while the " street-musio nuisance "
remains unabated.
I am. Sir,
Yours obediently.
1, DoBSET Street, Makchesteb Squjibb, W.,
XWi JfUy, 1863.
Dbab Sib,
I AM glad to find that you propose assistiug in putting a stop
to the organ nuisance. I should wish to read my letter to Lord
Westmeath before I answer your inquiry. I have searched in vain
IN THE METROPOLIS. 19
for the draft of it If, thsrefore, yon wiU have Hie kmdnesB to send
it by poet, I will letnra it immediately.
I have chosen the least out of the two evite of the mnsic nni-
smea The result is that I am compelled to lose about one-fourth
part of my intelleotaal life in older to use the remainiug three-
quarters. If this statement is not ooxiect, it arises horn being under
stated.
About three times a day my man-semknt goes out, and he sends
away organs, brass bands, &c. When the semmt is absent, I go out
myselt
The present law is perfectly nugatoiy. The same men oome
again and again, disturb my pursoits, and, when warned, go away to
zetnm the next day.
Others continue in spite of remonstrance. I then deore a police-
man to get their names and addresses.
These are most frequently &Ise ones. Some fellows, blacking
their feces, go about, and are generally veiy insolent, as well as
noisy. It is difficult to identify them ; they have given false names
and addresses, and I have had a policeman watching for ten days,
and unable to find them out.
IN^othing, in my opinion, short of making all wmecessasy noises in
the streets an ofience will put a stop to the evil.
I received from the late Sir George Lewis the most considerate
attention to an application I made upon this subject.
From tiie present Home Secretary I did not receive even the
courtesy of an answer when I made a similar application.
On turning over my papers I find two receipts of money paid for
law expenses in endeavouring to pzoteot my time firom interruption
by organs. One is dated —
£ 8. d.
July 12, 1861 ; it amounts to M 0.9
The other —
Dec, 1860 ... ... 49 11 8
£103 12 5
This money would otherwise have been spent in the employment
of highly skilled English workmen.
I enclose some placards which were exposed in the shop-windows
of low tradesmen for weeks, from Edgware Boe)d to Tottenham
20 STBEET MUSIC
Goiirt Boad. I idiall feel obliged by the letiixn of them, as I with
them to be pveflenred by my &mily.
A public meeting was oalled in Hay, 1861, as you wiU Jnd by one
of the placaids, and it "was adveitifled that a petition to the House of
Commons was presented. Of this I have scane doubt; but you can
easily ascertain the &ct from the proceedings of the House of that
date.
The result of the whole is, that I cannot walk out in my own
neighbourhood without being insulted by children and others of
maturer age, shouting out my name, sometimes without and fi»-
quently with the most offensiye epithets.
I am occasionally disturbed by such cries during the night. Last
night (Sunday), or, rather, at 2 ajn. this morning, I was thus
greeted by some passing.
I have what assistance the polioe can afford, by the direction of
Sir B. Mayne ; but it is impossible, under the present law, that the
polioe, however wUling, can prevent these internQ)tions.
I am yours fidthfully,
C. Babbaob.
if. T. Bas8, Esq^ M,Pl
P.S. — I enclose (Ko. 4) a list of a hundred and sixty-five interrup-
tions in ninety days. Many others during that time were not
recorded.
No. 4.
I860. BraaB Bands. Otgaiifl. Monkegn.
<juiy o... •.• ... o ••• "* ••• "
4 Stone hit mo ... - ... 2 ... -
O .•* ••• ••• — ' ••• X ••• X
D... •*• •.*"— •*• X ... —
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10 Tuesday— f;reat
moD ..'• ..." .'.. X ... "
XX ... *•• ... ** ... A ... X
AO .... ••* ... — • ... ~* ••( X
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*^ ••• ••• ... " ... X ... X
'SO ••• •.• ... "- ... X
^O ••• ••• ... ^ •.. M
• ••
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• ••
IN THE METROPOLIS.
21
1800.
BfMtBMidf.
Oigaoa.
WmkttjE.
Aug. 9
> ' *•• "■ •<
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52 days.
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22
STREET MUSIC
•Feb.
1861.
Jan. IS
19
21
28
81
2
7
9
13
14
16
19
20
23
25
28
March 5
9
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. 28
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April 1
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26
an
May 1
Brus Bands.
Oigana.
• •• ••«
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1
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h
1 ...
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Othera.
38 days.
52 days.
90
3
6
9
40
56
96
23
37
60
96
9
In 90 days
165
IN THE METROPOLIS. 23
8, Ghables Street, Tbeyob Squabs, S.W.,
J^y 14, 1864.
Sib,
I HATE seen it annoimoed, with great pleasore, that yoa are
about to bring under the notice of Parliament that most annoying
nuisance, the tsbreel music; and I, as well as many thousands who
detest this abominable nuisance, wish you beartQy success in your
endeaTouis to put an end to it The neighbourhood in which I live
is perhaps as much as any in the metropolis infetUd with organ*
grinders, brass hands^ Ac, to our great annoyance. The people here,
and elsewhere, I suppose, are, or seem to be, apaihetio as to these
noises, because they JGeel that there is no remedy for it, or they have
no time to take up one of thes^ disturbers, as that would perhaps
involTe them in a disagreement with a 'neighbour, and the pMidJtg
would be objected to by many. We are not all like Mr. Babbage.
Supposing Ixmdon and its environs could be polled as to the like
or dislike of this so-called **dre€i music," I have no doubt that not
more than one house in a street would advocate its continuance. I,
with numerous other8» do hope, Sir, that your efibrts will do away
with these common disturbers. It is really very hard, that because
one person in a street may throw out a penny or twopence to these
men, that the whole neighbourhood — some of whom may be reading,
or ill, or craving quiet—should be annoyed.
And with many apologies for the liberty I have taken in addressing
a total stranger,
I am. Sir,
Your most obedient servant,
EdW. W, DtlNDAB.
jr. T. Bom, JSsg^ M.P.
The organ-grinders are, perhaps, the worst, as they grind their
instruments of torture wherever they see a light at the window, even
after 10 or 11 o'clock at night
28, DovBB Stbebt, Piccadilly, W.
May 20, 1864.
DeabSib,
I am sure that you will not think me obtrusive in supple-
menting your brief in tiie plea which you have undertaken against
the tyrant " grinders " of our London thoroughfares.
24 STREET MUSIC
In the lengthy' letter' to The Times, which I now enclose^* yon will
find evidence, from its very length, of the way in which this monster
grievance works on the thoughts and spirits of those who sufier by it^,
There is, I assure you, no perversion of &ct8, or aggravation of
disgust, in the threnody which was wrung from me as I watched
for hours at the bed of a sick wife.
Persevere, I beseech you, dear Sir, in your most useful and humane
purpose of comforting the sick and weary in their London homes^
Expose the selfish indifference of protecting members, who *^play
popular " on this domestic question, and mock at the stupid magis^
trates who define *' music" as a " grind."
It never occurred to me that The Times could, ot would, find room
for the tenth part of my M.S., but I wished to put them up to it as for
as I could, some little time ago.
I am, dear Sir,
With ftdl respect.
Tour foithful servant,
J. A. Wilson, M.D.
M, T Bass, Esq^ M.P.
42, Glouoebteb Square, Hydb Pabx,
^th June, 1864.
Deab Sm,
I WISH simply to wish you success in your crusade againist street
music. Some persons seem to consider that to put down street musio
is a step against the liberty of the subject ; but, in reality, it is a step
against tyranny. What right has anybody to force music upon me,
the less so since all lovers of music can have plenty of it, in places set
apart for the purpose, at the lowest charge conceivable ? If musicians
go about promenading the streets, it is impossible that the inhabitants
should have any choice in the matter, as to whether they should be
allowed to hear or not. It might be well to start from the idea that
Londoners could always hear music for a mere trifle, without musio
being played in the streets. To my mind, these musicians are a
species of beggars. The musicians beg, inasmuch as they are not
sent for to play. But the public has no right even to send for the
musicians to play in the street, since, by so doing, serious annoyance
* This letter was very much to the purpose, but too long for in-
sertion.
m THE METROPOLIS, 25
and hurt may be catued, whilst, fiom the absenoe of street musio, then
is simply a deprivation of selfish enjoyment I do not see my 9or$
paraded in the papers, which is this : — With children to whom it is
essential that they should have sleep twice a day, being very yonng.
Street musio is a great nuisance. The children cannot be heard in
Parliament, but perhaps the parents might be heard. What we want
for children is sleep when they are well, and still worse when they are
aiHng. With street music this is impossible. In poor neighbour-
hoods, no doubt, many a child has been killed by street musio — ^the
adults anxious for the organ, and the parents of the child ignorsiit, or,
if we are to credit some persons, so fond of street music. that they
would willingly sacrifice the life of a child to an hour's organ musio.
When a child is taken to the sea-side for health, it is quite vain to
trust that health will be found by increase of sleep. On the contrary,
every hour of the day bands go by, and the poor child is awoke, and
the parents made miserable. If I were in the *' House," I should ask
what right there was in a law that oppressed me and others, and
which law, if altered, would iiyure no one ? You may depend upon
it, yon are quite right in seeking to do away with street music; and
you were also right in not making a speech in introducing the BUI.
I do not suppose many Members care about it, and the public, I
suppose, do not petition upon the subject. But, nevertheless, street
music is a nuisance, and until done away with by the law, will always
remain a nuisance. Laws are not made to oblige people to hear
music; but they should be made to allow people not to hear musio
which is izgurions ; and there is no medium for this, and nothing can
be of use except total prohibition of street music. >
I am, dear Sir,
Tours truly,
OhIbles DOXAT.
jr. T. Sou, Skq^ Jf J'.
You are at Uberty to make any use you like of this note.
• 4, AdELFHI l^EBBAOB,
May 19, 1864.
Sib,
HAYiNa had a fourteen years' war with the organ-grinders,
and knowing the difSculties of the case, allow me to suggest, that in
26 STREET MUSIC
the preamble of yofor Bill, ** inbabitaiit " shoald take the place cf
'* householder ;" by which alteration the operation of the law will be
KimpMed, and many disputes prevented.
. Should you not be aware of Colonel Sibthorpe haying made a
motion on the subject, allow me to direct your attention to that
debate. I was in the heat of the battle at that time, and supplied
all the information I could obtain. He mentioned my name in the
House as the writer of a letter to him which enabled him to upset a
fitllacy of Sir G. Grey. The latter now seems &vourable to scxne
change in the law.
Having thought and written a great deal on the subject, you will
perhaps excuse my pointing out to you what I believe to be the difl-
enlties of getting anything done by Parliament
The greatest of those difficulties is, that it is a question unfit fbr
parliamentary legislation. If we have not a Minister of the Interior,
the matter should rest with the Home Office, the magistrates, and the
police. But as you must break a fly (m the ^heel, the great point is
to bring the question in a complete, exhaustive, and serious mannef .
I would tell the House that I felt that it was really unfit to occupy
their time ; but as there was no help for it, they must bear with yon
while you put the question fully before them. For the want of this
way of proceeding, it has been laughed and jeered away, and nothing
done ; but it is a very serious subject to deal with.
It is not a charity, but a kind of slave trade. The boys imported
never get through a second winter. A certain vice is brought from
Italy, and no doubt practised in and about Mutton Hill and derb-
enwell. Look to the London Directory; there are two pages of
physicians ; the medical practitioners must be ten times as numerous.
If so many live by patients, how many persons must there be ill
daily? and how many must there be dead and dying 1 and what a
nuisance must street music be! The same work will show hoW
many professional men live in London, most of them lodgers, who
depend on quiet and their brains. If it is the poor man's music, con-
fine it to streets where the houses are below a certain rental Except
at fitir time, it is allowed in no other capital in Europe. There it is
in the hands of the police.
Pray excuse the haste with which I have thrown these points
together ; but there is really no end to the number of persons to
whom street music is worse than a nuisance. However, be assured
that your success depends upon the manner of bringing the second
leading of your Bill before the House. Prove the grievance ; double
IN THE METROPOLIS. 27
the remedy yon aak for ; and then, perhaps, we may get half the
remedy we ought to have.
I ajB, 8ir,
Yours fidthftdly,
James Pabbt.
P.S. — ^Knowing how Memben are troubled, allow me to say I
expect no answer to this as a mere matter of politeness. — J. P.
28, Uffeb Habley Stbebt, W.,
SOeft May, 1864.
Ht deab Mb. Basb;
We send you a portrait of yourself^ which will amuse you, I
think, as it has done tM. Mr. Obatterton begs me to say, that if your
Bill passes, all the musical profession wiU come and wfynkip you I
and that he can answer for it you wiU be able to command the
services of all the professors, if you give parties, Ac. He hopes you
win persevere with it, as the street music is such an interruption to
the lessons ; and if they are paid to go away, they send a friend, and
tell him he will be jpaid to go ; and so it goes on 1 I am fond of it
myself but no doubt it is a nuisance in some cases. I hope you are
better. With kind love,
I am, my dear Mr. Bass,
Yours sincerely,
E. N .
if. T. Ban, Esq,, M.P.
18, Olabence Boad, Kentish Town, N.W.
Sib,
Please accept my best thanks for your kindly performing the
duty that should have been carried out by our own Members. You,
Sir* have done great service to a g^reat number of invalids and persons
engaged in business, by arming fhem with some means to remove the
organ nuisance. If required, I shall be most happy to offer myself
as a witness, and, I thidk, I could convince even our own MP^ Lord
Fermoy, that he should support your motion instead d opposing it
If necessary, I could obtain a list of volunteers as witnesses (cost
free). Willing you every success,
I remain. Sir,
Yours obediently,
jr. T. Bom, Etq,, M,P, Jomr Bubgb.
28 STREET MUSIC
9, SpBiNa Gabdbnb, W.8n
May 4, 1864.
Sib,
The quiet, loying, and inyalid public, is much indebted to
you for the introduction of the Bill relative to street music. Will
you kindly let me have a copy of it forthwith ? inasmuch as I am
fiaerfiil, &om the somewhat flippant character of its reception, that»
eyen if it pass, but little benefit wiU be derived from it ; and having
flofierod, to say the least of ii^ quite as much as any man in London
from the horrible infliction, my desire is to supply you with a few
illustrations of the misery, which in some cases it inflicts, and
possibly, to make a few suggestions, which, being the result of
painful experience, you will not, I am sure, despise, even should you
consider them as valueless.
I have the honour to be. Sir,
Your fiedthfol servant,
B. Welbt.
Jf . T. Bast, Esq^ M.P,
The Mall, EENSiNoroir,
June 6, 1864.
Snt,
I AM a professor of music; my work is veiy often seriously
inteimpted by the street-organ nuisance. Indeed, I am frequently
oompelled to relinquish altogether my professional avocations, and
lay them aside until the noise is over.
I beg to forward you a memorial, signed by the leading musical
professors in London, and also by the pianofbrte-^nera — a class
whose work is entirely stopped when street music is going on.
I remain. Sir,
Your obedient servant,
Wm. H. Oalloott.
M.T,Ba8e,Eiq^Ji^.
6, OLEVELAin) Tebbaoe, Hyde Pabk, W.
June 10, 1864.
Deab Sir,
I SEE by the debate last night on your Bill that the old claptrap
acgument of the rich interfering with the amusements of the poor
was applied to it I am anxious to inform you, if not already avrore
IN THE METBOPOLIS. 29
of it» that the Members of this borough, haying sent a copy of yoai
Bill to the three yestries with a request to have their opinion upon it,
that of St. Pancras, and also that of Paddington, have passed a resO'
Intion in foyour of it I do not know what was done in Marylebone.
I have been instrumental in putting up a petition in fiiTour of some
greater protection than the law now affords against the annoyance of
street music. It has been very numerously signed, and was presented
to the House on Tuesday last by Mr. Harvey Lewis.
It was signed by all classes— quite as freely by the smaller house-
holders and tradesmen as by the richer. A clergyman who has the
care of one of the districts of Paddington, and is well acquainted with
ihid feelings and tastes of his numerous poor, gave it to me iu his con-
fident opinion that if they were polled the majority would be against
street music. The argument that servants like it is not worth notice,
&r surely the law is not to be accommodated to them, to the sacrifice
of those who feed, house, and pay servants. I hope the Bill will not
be destroyed in Oommittee, and that it will escape the perils of the
Lords, and pass into law this session. Your statement, that Sir
Richard Mayne declared it impossible to carry out the present law
ought to silence all objectors to some change.
Yours fidthfiilly,
Js. HaUi.
If. T. Bass, Esq., M.P,
6i, Ebuby Stebet, S.W.
Sib,
I BEG most heartily to thank you for yotu proposed BilL I
am cruelly inteixupted by grind-organs, in the midst of studies which
demand Ihe concentratioQ of my whole attention. Being devotedly
attached to music, the distraction caused by mechanical and colour-
lees tunes, is increased in proportion to my case. Afew children and
idle servants encourage these pests of the street, and for their fcSfy
men of thought suffer.
I am, Sir,
Faithfully yours,
MAGKiraziB E. 0. Waloott.
M. T. Bass, Esq., M.P.
30 STREET MUSIC
4, Adelfhi Tebbace,
May 30, 1864.
SiB,
I AM happy that joa think I faaye been of some servioe in the
affidr of street music. Some ideas having ooenrred to me after
receiving your polite answer to my letter, I wrote, as you suggested,
to Mr. Cavendish Bentinck ; and still more ideas having come upon
me since that time, I am inclined to trouble you again.
I think the onus should lie upon your opponents, to show in what
way street music is necessary — ^not vague and generally, but exactly,
in so many words. For whom it is wanted ; when it can be sup-
plied ; by whom ; how and when, so as to meet their object. They
seem to me to be labouring under the delusion that persons will
take the trouble of sending away street musicians from mere wan-
tonness or idle amusement, or uncharitableness. First of all, they
do not know the time and trouble required to get rid of a refractory
musician ; even in my time, when we worked the law more effec-
tually than it can be done now ; for the police regulations, as recently
published, give, in &ct, perfect impunity to street musicians, except
in a palpable case of illness.
It may be admitted that wandering street-players might have been
needed formerly ; but the whole thing is entirely changed now. Music
is to be heard everywhere, by all classes, in their hoinrs of recreation,
at proper places and at all prices, &om the Italian Opera House to the
threepenny gallery at the East-end theatres. There is excellent
music, both vocal and instrumental, at such places as the Canterbury
Hall, the Oxford, &c. Then take all the choirs in full practice.
Look at the monster amateur concerts at the Crystal Palace. It was
but the other day advertised that a three-part song for female voices
would be done by one thousai^d voices to each part Until lately, a
vary nice little orchestra coul4 be heard by taking a penny ice in
Hungerford Market. Think of the thousands of charity childrea
who leain to sing. Look at their annual gathering in St Paul*s>
and on one occasion in the Crystal Palace, heard by the Queen.
Before closing this note, I will send you a list of all the vocal
societies now in operation. In short music is going on everywhere,
and at times when, people want it and seek it It is therefore
entirely out of place and time when people are busy and do not
seek it and it comes when they neither expect nor require it I say
again, it is for your opponents to state exaMy when and for whom it
is required. Musio in the street during the day is only good for the
IN THE METBOPOWS. 31
encouiagement of lazmeas in idle Bervants; distractiiig otheis who
live by their brains, and wasting the time of men working outside
and inside of houses, as bricklayers, &c, &c. I know it for a fact, aa
the experience of twenty years in a lodging-house, that a female
servant good for anything was always ready and willing to send
away an organ-grinder, in spite of the abuse he would heap upon
her.
Organs $houild he done away toUh at once. They stand entirely
alone from among street instruments. Any vagabond who can carry
one can play it — that is, grind it by tmning the handle, and there-
fore can continue the annoyance longer than any other street
musician, without having been at the pains and trouble of acquiring
a certain degree of musical skill. The sound of an organ is so loud
and penetrating, that it is impossible to find a room in an ordinary
house where you can escape from it. Organs are especially injurious
to the advancement and practice of young learners of the pianoforte,
for they not only interrupt their lessons and studies, but actually
play ofi^ without the slightest trouble, a tune which has taken
perhaps weeks to get through with difficulty, which is very dis-
heartening to the young player. Look at Ihe number of music-
teachers who are annoyed in giving their lessons by street musicians.
Why should a man, who has spent years in acquiring skill in his
profession, who pays high rent and heavy taxes, be robbed of his
time, while a vagabond, who pays neither one nor the other, grinds
two or three streets out of as many pence ? Again : I would urge
that it is for the friends of street musicians to show the necessity for
street music ; for whom required ; the where, the when, and the how,
without doing more harm than good. The streets are so entirely
delivered up to vagabonds of all kinds, that the German bands not
only stun with their noise, but they have the audacity to ring the
bell and knock at the door, giving servants the trouble of going to
them. This is because, at the Mr-time in Frankfort and other parts
of Germany, they levy black-mail upon the inhabitants.
I once saw the late Mr. Hardwicke, the magistrate at Marlborough
Street, on the subject, and he told me that the police were boimd to
take the charge giv6n by a person annoyed ; but now the police
take upon themselves to decide. When I took the bagpiping-boys
to Bow Street, the magistrate there decided that if I " did not like
their music, I had a right to send them away, however many other
persons might wish to hear it."
If the House will not delegate the power to the Home Office, the
32 STREET MUSIC
magistrates, and the police, I almost think a committee ought to
be moved for. Police returns might be also moved for ; but they
would be by no means complete, because I know that street
musidanst especially organ-grinders, are taken to the station, and
there kept a time, to firighten them, but the charge is not regularly
entered. The effect produced is, that they find more money is lost
by going to a certain street than staying away from it. It requires
no end of trouble, and all sorts of tricks, to be a match for the
scoundrels.
Yours fidthfuUy,
James Pasbt.
if. T. BatB, Maq., M.P.
HAMFEfTEAD,
May 20, 1864.
Sib,
I AH informed that you have introduced a BiU into Parlia-
ment for the suppression of street music, and on this' account I take
the liberty of writing this note, to assure you that to us poor Lon-
doners it will be a great boon should an Act pass for its suppression.
- I am an artist, and I have been at a great expense in building a
studio — ^mine being the first house built on this estate ; but I shall
be obliged to leave, in quest of a more quiet neighbourhood, if the
nuisance, which is intolerable, is allowed to continue. Sometimes
for nearly the whole of the day I have to suffer this great infliction.
I have spoken to the pdice, but they tell me they can do nothing. I
am paying a large amount annually in local rates, and I do think it
very hard that I cannot be allowed to pursue my calling in quiet
I am, Sir, yours very gratefully,
P. F. PooLB, B.A.
If. T. Bom, Ji^., Jlf.P.
64, St. Pisteb's Boaj>, Mile End,
June 7, 1864.
Sib,
Aujom me to express my earnest hope that you may succeed
in your effort to suppress the intolerable nuisance of organ-grinding.
I assure you that I have lost many hours of precious time thereby.
With the manifold duties of a London pastorate one has little enough
tune for the preparing of sermons for the Sunday ; and it is a most
-J
IN THE METROPOLIS. 33
iniqnitoos thin^ to be robbed of that little, as we now are, by thege
organ-men. To say nothing of the ill-feeling which it creates
between neighbours, who otherwise are friendly enough, there are, I
think, weighty reasons why the nuisance should be abated.
I endose my card, and am
Your obedient servant,
J. Thomas.
Jf. T. Bass, Esq^ M.P.
5, Hyde Park Gate, South,
3fa2/ 21, 1864.
Snt,
May I beg permission, as one engaged in literary pursuits, to
offer my testimony to the value of the measure which you have
undertaken to support ?
The abolition of street music is most earnestly desired by a large
body of the inhabitants of London. Its retention is desired probably
by a still larger section, but one really of comparatively little import-
ance. For it must be remembered that among those who wish that
this great nuisance should be done away with, we count — ^besides the
invalid, whose desires are of paramount importance — ^the scientific
man, the author, the artist, and others who labour hard for the public
benefit ; while that other class, the members of which find pleasure in
the performances of the organ-grinder and the ballad singer, is com-
posed mainly of household servants, and others, whose wishes cannot
surely be of any importance when weighed , against those of such
persons as I have mentioned above. •
Again, it must be remembered that they who desire the retention
of street music sufiei^-if it may be called suffering-— only in a
negative sense by its withdrawal, while the anno3ranoe inflicted on
those who would be rid of the evil is positive and tangible. The
student, be his studies what they may, who wanders up and down
his Toom, entirely incapable of continuing his labours in consequence
of the presence oi an organ-grinder beneath his window, is not much
consoled by observing that that " baby" at the house opposite is in a
high state of glee^ which is shared by the nurse, who dances the child
up and down to the music.
I believe that there are few persons who can really enterinto the
importanoe of this present question. Most men who have business to
do^ do it in offices never approached either by organs or bands ; they
D
34 STREET MUSIC
are oaiefnlly sheltered firom all street nuisanoes. The anihor, the
artist, the calculator, each of them works at his own house, and
enjoys no protection whatever. It was only the other day that a
musical composer of rising &me described to me, in piteous tenoB,
what he had to Tmdergo, when two brass- bands began playing
difEerent tunes within his hearing at the actual moment when he was
engaged in composition. Of course, in such a cass, there is nothing
for it but to give up ; but a man positively loses in a pecuniaiy point
of view when thus compelled to abandon what he is about for half
an hour at a time, and when at the expiration of that period he
would fain resume his theme, he finds that he has lost all inspiration,
and that the thread of his ideas, whether musical or otherwise, is
broken.
I might say much more on this subject, but I have already tres-
passed at too great length on your time. With many apologies for so
doing,
I beg to remain. Sir,
Your obedient servant,
Chableb Alston Oolumb.
M. T. Bass, Esq., M.P,
London Mechanics' Institijtion,
29, SouTHAMPiy)N Buildings, Chancery Lane, W.C,
7th May, 1864, 4 o'clock.
SiK,
Allow me to call your attention to the Bill you have brought
• before the House of Commons '* For (he better RegulaJtion of Street
Music.'* Of its wording I have just been made aware.
I beg to ask whether it is too late to alter it ? You still retain
** househotder," and now propose to add " by his servant,'* to cause the
police to abate and remove objectionable music or noises. Are there
no other people than househoiders to have their feelings and comforts
respected ? Are all public bodies, committees, schools, teachers, and
lodgers to be denied relief?
Here, in this old institution (the first of its kind in England), we
haye some twenty classes for education, &c., in the evenings (see list
enclosed), when we have public meetings besides, for benevolent and
public objects, concerts, lectures, sacred music, &c. ; and yet, when
we desire ** nigger melodies," and much worse music matters, to be
removed, the passing police tell us we are rurf householders wUhin the
IN THE METROPOLIS. 36
meaning of ike Act In Tain we speak of heavy rates and taxes, and
resident persons. They say an institution is not a lioimehdlder.
If lodgers, committees, those who have chambers and offices, are
to be denied relief^ yet the law will protect the next-door people, and
this seems to savour of class legislation, to keep up the only term
hoiuehcHder, unless this is explained by some wide reading different to
what the police have adopted hitherto. May I be &voured with your
Attention on the subject ? And I remaLo,
Very respectfully yours, very truly,
T. J. Peabsall,
8ee.t L.MJ,
M, T,B(us, E8q., M.P,
NJB. — ^If I can aid this matter in any way, I shall be glad
because it is a subject that ought now to be attended to ; and I shall
be sorry to find any diflEerence between officials and members as to an
instrument intended for public good. Again allow me to ask you to
excuse these hasty expressions refeiring to public grievance.
JIf. T. Bass, Esq., M,P. T. J. P.
2, Palace Gabdens Tebbaoe, Eenbikqtom,
My 10, 1864. ^
Sib,
It was with unmixed satis&ction that I learnt the announce-
ment of your intended aggression in the House of Commons on
organ-grinding, &c., &c. If you can succeed in bringing about any
mitigation of the present annoyances to which residents at the West
End are subjected, I am sure that a unanimous vote of thanks will
be acceded to you with acclamation. Much of my time is devoted to
scientific pursuits (chiefly astronomical), and it is needless to point
out that freedom from external disturbances is most essential to
profitable study. That freedom it is vain to hope for, so long as
organ-grinding is not put down as a practical nuisance. It begins
socm after 8 a.m., and on one occasion I had, after going up to bed,
to come down stairs again and drive off a fellow at 20 minutes to
11 p.m. On an average, three or four times a-day, at Kensington, I
have to get up from my occupation to order them off; and my ex-
perience of the matter is, that to prevent organ-grinding going to the
length of a nuisance, the present law is wholly inoperative. It
provides that i^ on being ordered off, the men do not go, you can
36 STREET MUSIC
give ihem in charge of the poUoe, but the misfortune is, they almost
always do go when told. The amelioration of the law required is»
that they should be got rid o^ without householders being required
to take l^e trouble of (^ning gates and front doors to order them off
every time they came. The very maximum of toleration I would
agree to would be that a general ordet once given should keep them
away for ever, frt)m cmy particvlar locality ; that a provision should be
made whereby, if one householder in any particular street gave
notice to the policeman to whose beat he belonged, the policeman
should be empowered to drive off every organ-man, without that
householder being compelled to act day by day. Something of this
kind, I think, is the very least remedy required ; but if it could be
carried, unquestionably a general prohibition of every organ within
the limits of the Metropolis, would be a &r more satisfactory
enactment.
I should make a distinction between organs and regular brass
bands, because the latter generally give us music, and let them remain
in their present footing of having to go whenever they are told.
Householders can then get rid of any one band, either on account of
illness or its discord, without sacrificing their chance of hearing
respectable music.
The abolition of street acrobats, &c., would be a good thing, I
ihjij^ also, but as they do not make a noise, I am the less interested
in securing their departure from London.
lam. Sir,
Most respectfully yours,
G. T. Chahbebs.
M. T. Bass, Esq,, M,P,
4, Bbunswick Tebbaoe, EENSiKaTON, W.,
7{h June, 1864.
Sir.
Will you allow me, as one of a dass whose time is of import-
ance not only to themselves but to the whole community, to con-
tribute to your information as to the tyranny of street organs?
I am a clergyman, who, in addition to the care of a large poor
district during the week, have to preach on a Sunday to a congrega-
tion of 1,200 people, mostly of the upper and middle classes. Surely
it will be admitted that this is a work of the most serious import-
ance, demanding the greatest care and most ddUgent preparation.
IN THE METROPOLIS. 37
But, Sir, I assure you that I hardly ever sit down to study or to
write without being driyen nearly wild by street organs. To read on
the subjects which engage me is difficult ; to think on them is utterly
impoenbie, while an organ ten or twenty yards off is making the
horrible din which some people call street music. Many a time have
I been forced it happened again only this morning — ^to lay down
my books in despair, and wait perhaps half an hour till the organ-
grinder chose to go away; by that time the current of my thoughts
had been broken, and my work rendered useless for the day ; but
OYen were thii) not the case, probably a quarter of an hour did not
elapse after I had resumed my books, before another oigan or the
Sicilian bagpipes again made me desist
Sir, we hear frequent complaints from the laity of the quality of
t)ie sermons preached by the clergy, but I am sure if the laity Imew
the difficulties under which sermons are written in London, owing
to the destruction of mind caused by these yile organs, their wonder
would be not that our sermons are bad, but that we are ever able to
write sermons at all.
On this point I speak feelingly. I am not one ci those who put
off their sermons tiU Saturday evening, or even Saturday morning.
I begin to study with a view to writing on Tuesday morning, but I
oan assure you that even thus I often haye difficulty in finding suffi-
cient time, imdisturbed by the harassing din of street ^orgmis.
Surety, Sir, this is tyranny of the worst kind ; and I trust that those
M J^.'s who are inclined to complain on Sunday of the clergyman's
sermon, wiU do what they can to improye it by securing to him time
wr study, uninterrupted by distracting shrieks of the street organ.
The argument from interference with the liberty of the subject may
well be employed in our favour; we are surely subjects of the
Queen, more than the Italian <ffganrgrinder is, and I think it is not
liberty but tyranny, if he is permitted to ply his vocation so as to
make us desist ftom our&
I am. Sir, your obedient servant,
James MoGomecht,
Curate of 8t, Pauts Temporary Chwrth,
Campden HtUf Kensington.
M, T. Bass, Esq., M.P.,
19, Lower Belgrave Street,
P.S. — ^You are, of course, at liberty to make what use you please of
this letter, or any part of it.
38 STREET MUSIC
Thursday, June 16, 1864.
Sib.
You mnst excuse the liberty I am taking in thus trespaaaing
upon jonr valuable time. But, I fear, the measure for the better or-
ganization of street music will be thrown out in Committee, if you
cannot prove the positive and real nuisance of these bands and organ-
grinders to almost evory one.
The great nuisance is the early hours they choose to commence
playing. As you know, we are tormented in this neighbourhood as
early as 8 o'clock ; and the terrible noise of always one, and often
three bands at once, from that early hour in the morning, continues
without cessation untQ 11 or half-past 11 o'clock.
Ttie system of these musicians ought to be also inquired into. I
know it toeU, Often I have sent my seryants to desire they will go,
when playing before my door. The reply is^ they are playing by
order, next door, I have inquired " next door " on either side of my
house, and my neighbours have stated that, when a few minutes pie-
yiously they had desired the musicians to go, the reply was, ** the
lady next door had desired them to play " (meaning me). I never
pay these people to go, nor do my neighbours. I can safely assert
that all my relatives and all my friends, some thirty or forty in nimi-
ber, positively detest these street musicians ; and majiy will bless yoa
most fervently if you can pass any measure in the House by which
su(h a terrible nuisance can be checked. Mr. Hankey makes a 'great
mistake in supposing that it is for the people*s amusement these
street musicians play. I can safely say that the Usleners are only one
or two idle tradespeople's boys, and dirty half-dressed children friam
the mews.
' How little knowledge Members of Parliament have upon such a
subject when brought before them, was shown the oth^r night Theee
musicians are detestable. They interrupt the early hours of devotion
—business — in fiduct, annoy and worry every one in every doss of
life.
Policeman A is not to be depended upon ; he tells feJsehoods.
When I complained last year of the early hours the bands played, he
declared he had seen the bandmaster receive seven shillings, or more,
from three houses opposite to Sir B. M ^'s. We happened to
have some family connexions in one of these houses ; inquiring from
them, they told us they had newr given any money to these musi-
cians — ^their circumstances would not admit of their paying them
every morning even a small sum, and they, as also their neighbours.
IN THE METROPOLIS. 39
oonld not induoe the polioeman to send the musioiaiis awaj, becaiue
there was no iUnesa in the house.
I can only repeat, many thousands of people will pour down bless-
ings upon you if you can stop the detestable noise and nuisance of
litreet musicians of every description.
Hill Boad, St. John's Wood,
Jidy e, 1863. .
DbabSib.
Mt present object is to express my great satisfiEM^tion at an
announcement in the papers that it is your intention to make a
motion in the House of Commons, I presume regarding some restraint
upon that intolerable nuisance, street music. It is not as in the
country, where houses lie wide apart, and sounds are not disturbing
to the same extent, that such a restraint is required ; nor is it wanted
so much in the great thoroughfares of London, where the ear gets
accustomed to a continued repetition of all kinds of sounds, as in the
ooxmtless quiet streets of the metropolis, which are the chosen haunts
of these vagabonds at all hours — from 10 a.m. to 10 pji.
I have lived for twenty years in a house, at a spot selected mainly
for its remoteness from noise^ that I might pursue my avocation in
study as uninterruptedly as possible. In the hot weather particularly
it is that this nuisance is most annoying. One succeeds another
q>po6Lte your house, or your neighbour's, and there is no getting rid
of them, for the organmen in particular will not go away until they
get something. It is true an appeal to a polioeman will remove them,
but there is not one at hand ; and then, if the offender is impertinent,
he tells you— at least Englishmen will — as a scoundrel who had
blackened his fitoe, to appear like a negro, told me one day, ** It would
require an Act of Parliament to make him move ofi^*' though in a
public thoroughfare.
I am not such a churl as that, if my neighbours— right or left, or
in front— desire such music occasionally, for pleasing themselves or
their children, it should be prevented.' Such a thing is a mere con-
tingency, and may be met by insisting in such cases that the musician
shall be admitted into their front garden or area — ^in fieust, that he
shall not play in the street This would be a cure of the evlL At
present, if one of these musicians has ever received money from a par-
ticular house, on playing opposite to it in the street, he will oome
40 STREET MUSIC
again and again, and will not go away without money after playing
until his own patience is exhausted. Sometimes he or they will sneer
in your £Eioe at ordering them away, too well caloulating that you will
not follow then\ up.
It is impossihle to study — almost to think — ^with your window open
at this warm time of the year. In some of the squares, I am told,
they are forhidden by persons appointed to keep them away. It is
hard not to have the benefit of quietness in your own house. I have
sometimes counted three organmen in sight at once. Then come
bands, with horns, who play in hopes of a fee, and, getting none, still
continue to play long enough to be a pest and nuisance to any sober
pursuit in your domicile.
Hoping you will excuse the interruption the perusal of this note
may cause, and the impossibility of my restraining my pleasure at
tlie notice of your intention, I have the honour to be,
Dear Sir,
Your Teiy obedient servant,
Oybub Redkno.
M. T, Ba88, Eaq.t MJP^ Howe of Commons.
I could augment tliis testimony to almost any
extent from the budget of letters which I have
received on this subject There must be, how-
ever, some limit to selection, or I should have my
little volume swell into a veritable Blue Book. None,
however, will regret, that I add to this already rather
long list of complaining correspondents, a letter bear-
ing twenty-two signatures, commencing with that of
Charles Dickens, which cannot fail to have the
greatest weight and authority. I only hope that I
may have an opportunity of reading it to the House
of Commons.
IN THE METROPOLIS. 41
To M. T. Bass, Esq., M.P.
Sui,
YouB undersigned correspondents are desirous
to offer you their hearty thanks for your introduction
into the House of Commons of a Bill for the Suppres-
sion of Street Music; and they beg to assure you
that, in the various ways open to them, they wiD, out
of Parliament, do their utmost to support you in your
endeavour to abolish that intolerable nuisance.
Your correspoudents are, all, professors and prac-
titioners of one or other of the arts or sciences. In
their devotion to their pursuits — ^tending to the
peace and comfort of mankind-r-they are daily inter-
rupted, harassed, worried, wearied, driven nearly
mad, by street musicians. They are even made
especial objects of persecution by brazen performers
on brazen instruments, beaters of drums, grinders of
organs, bangers of banjos, dashers of cymbals,
worriers of fiddles, and bellowers of ballads ; for, no
sooner does it become known to those producers of
horrible sounds that any of your correspondents have
particular need of quiet in their own houses, than the
said houses are beleaguered by discordant hosts seek-
ing to be bought off.
Your correspondents represent to you that these
pecuniary speculations in the misery they endure are
fer more destructive to their spirits than their
pockets ; and that some of them, not absolutely tied
to London by their avocations, have actually fled into
the country for refuge from this immerited persecu-
tion — ^which is none the less grievous or hard to bear,
because it is absurd.
42 STREET MUSIC
Your grateful correspondents take the liberty to
suggest to you that, although a Parliamentary debate
undoubtedly requires great delicacy in the handling,
their avocations require at least as much, and that it
would highly conduce towards the success of your
proposed enactment, if you prevail on its opponents
to consent to state their objections to it, assailed on
all sides by the frightful noises in despite of which
your correspondents have to gain their bread.
(Signed) Charles Dickens.
ALFRED TENNYSON.
JOHN EVERETT MILLAIS.
FRANCIS GRANT.
JOHN FORSTER, Palace Gate House, EensmgtoQ.
J. R. HERBERT.
JOHN LEECH, 6, The Terrace, Kennington.
W. HOLMAN HUNT, Campden HiU.
WILKIE COLLINS.
J. E. HORSLEY, High Row, Kengington.
W. P. FIRTH, 7. Pembridge Villas.
F. SEYMOUR HADEN, 62, Sloane Street
R. DOYLE.
T. CARLYLB, 3, Cheyne, Chelsea.
ALFRED WIGAN, Little Campden House.
W. BOXALL, 14, Welbeck Street.
GEORGE JONES.
ALFRED ELMORE, 1, St. Alban's Road.
THOMAS FAED, Sussex Villa, Campden HiU.
JOHN PHILLIPS, 1, South Villas, Campden Hill.
THOMAS CRESWICK.
JAMES SANT.
E. M. BARRY.
J. H. ROBINSON.
a COUSINS.
L. STOCKS.
W. C. DOBSON.
THOMAS WOOLNER.
m THE METROPOLIS. 43
Surely this mass of letters, only a small part of
what I have received, tmsolicited &om men of all
ranks, ages, and pursuits, and from all quarters of
the Metropolis, without any pre-concerted arrange-
ment or knowledge even of each other, must demon-
strate the existence of a very widespread and in-
tolerable grievance. But I must add to the testi-
mony conveyed by these letters some of the extracts
which I have from time to time made from the re-
ports of the Police Courts, and the Letters and Leaders
of the chief London papers. I will commence with
some cases brought before the Police Magistrates by
my friend Mr. Stanford, who is leaving his present
residence, very much influenced in so doing, as he
told me, from the intolerable nuisance of the Itaban
organ-grinders.
Note. — ^I have, in some cases, not given the names of my cone-
spondents, as I felt that it might be disagreeable to them to have
their names afSxed.
44 STREET MUSIC
CHAPTER m.
POLICE DECISIONS ON STREET MUSIC.
MARLBOROUGH STREET.
Antonio Pmbdai, an Italian organ-player, was chaiged with annoy-
ing Mr. Fre(^rick Stanford, of Foley House, No. 7, Langham Place,
by playing on his organ, and refusing to go away when required.
Mr. Stanford said he had been very ill, and confined to his bed all
day on Tuesday. About 9 o'clock in the evening the defendant
brought his organ, and began playing and singing before his house.
He dressed himself^ and went out and told the defendant to go away.
The defendant made signs that he did not understand what was said.
He then spoke to him in French and afterwards in Italian, desiring
him to go away, but the defendant refused and continued to play.
The defendant and a man who was with him laughed at him. A
constable came by, and he asked him to get defendant's address. The
defendant shook his head, and then was given into custody.
The constable proved that the prisoner would not give his address,
although he knew he was asked for it. He did not hear the defen-
dant playing his organ. ,
Mr. Stanford said the moment the constable made his appearance
the defendant left off. * The average number of organ-players before
his house daily was seven or eight.
Mr. Tyrwhitt said he had always had considerable doubts about
the meaning of the clause in the Act of Parliament under which
these persons were brought before him. He had always entertained
doubts whether it was necessary for a housekeeper to tell an organ-
player that he was ill, and he wished that a magisterial decision
had been appealed against in order that magistrates might have
IN THE METROPOLIS. 46 '
some guide in such cases. He should have thought, as the oom-
plainant spoke Italian, that it would have been easy for him to haye
told the defendant he was ill. It was not quite clear that the clause
protected the constable in taking the defendant into custody, as he
had admitted he did not hear the man play on the organ. The words
of the Act were, ** within vieW of the constable." He should, how-
ever, fine the defendant 58.« with the alternative of seven days* im*
prisonment, and he would give notice, that if the annoyance was
followed up by the defendant's companions, and a complaint was
made by Mr. Stanford, he should fine every one brought before
him 408.
MABLBOBOUGH STBEET.
Antonio CapataU, an organ-player, was charged with annoying Mr.
J. F. Stanford, barrister, of Langham Place, by playing an organ in
front of his house.
Mr. Stanford said that on the previous aften^oon the defendant
played his organ in front of his house, in Langham Place. As he
was engaged in literary occupation, he was much annoyed by organ-
players. He requested the prisoner to go away, and in a few minutes
he went away, but came back again, and played his organ at the
other side of the house. Being desirous of making an example of
the prisoner, in order that he might be freed in future from the
nuisance, he gave him into custody. The prisoner became very
violent, and got a mob roimd the door, and he then procured the
assistance of a second constable, and the prisoner was removed to
the station.
Mr. Ejiox asked the complainant if he was engaged in an occupa-
tion which rendered silence necessary.
Mr. Stanford said he was.
Mr. Knox said the requirements of the Act were, "illness or any
reasonable cause.** The complainant had shown a "reasonable'*
cause.
Police-constable Collins said the prisoner was not playing the
organ when given into custody. He was sitting on his organ, and
when given into custody he became very violent.
Mr. Knox said the organ-players were a most abominable nuisance,
there could be no doubt about that ; but the question was whether
the prisoner was rightly in custody or not. Had the prisoner been
playing when the constable came up, he would have been justified
i
46 STREET MUSIC
in taking him into custody. The right oouise for the complainattt
to pursue would be to take out a summons against the prisoner.
[But how is a summons to be token out? How is the vagabond's
name and place of abode to be found out? He will always stop
when a policeman appears, and where, then, is the remedy ? How |
it to be found out what his name is, and where he lives ? Seven
magistrates have convicted upon the complainant's statement, that
the organ-grinder did not cease to make his detestable noise when
required, and Mr. Knox might very safely have done the same ;
indeed, there is no other way of repressing the nuisance, and Mr.
Stanford justly observed : — "]
If the Act was to be strictly construed and carried out, there would
be no protection for him, because, when annoyed, the moment he
went for a constable the men would put down tiieir organs and pre-
tend they were not playing then. The organmen came at half-paflt
nine in the morning and continued playing all day long, either in
front or at the back of his house. He was annoyed almost as much
as Mr. Babbage, emd he found it equally difficult to wage war with
these men.
Mr. Knox was most anxious to relieve the complainant, and, indeed,
all who were similarly aggrieved ; but he wished to do so in strict
accordance with the law. He would, therefore, grant a summons,
and if the man did not appear he would grant a warrant.
The man was then discharged.
[This certainly looks very much like putting salt on the bird's tail.
And bad indeed must be the law which can only be carried out by
so round-about, uncertain, and clumsy a mode of proceeding.
We trust the Act wiU be amended next Session, for as it stands it
makes protection against annoyance exceptional, and gives up the
thoiough£eu:es generally to any persons who can make a profit by
making a noise in them, either in the way of extortion or of pleasing
those who happen to be possessed of asses' ears.
..Why is reasonable cause of objection required to an unreasonable
use of the streets, which are not intended for orchestras ? Suppose
a set of vagabonds were to turn the front of your house into a stage,
would or should that be suffered ? and just as little permissible it
really is, in point of principle, to convert it to a place for any other
sort of performance. The streets should be kept to their right uses,
.and are so in all weU-r^ulated cities. In Paris street music is not
allowed at aU. The misleading fallacy here lies in the word music.
Music, delightful as it is in season, is not desirable every hour from
m THE METROPOLIS. 47
somise to midnight ; but what tonnents us is not mosio, nor any-
thing like music. The organ is an instroment of torture to musical
ears, and the worse it is the more profitable it is, either by extortion
or by pleasing the vulgarest taste. In Punch's Jlmcmcuik, there is an
excellent illustration of both the pain and pleasure given by this
detestable instrument. You see the alarm in the face of the sorrow-
ing figure by the sufferer s bedside, and you see the broad stamp of
vulgarity on the coarse woman and the pinched-up girl, without
humanity, but with a ta^ for ** them horgins.*' And here we must
acknowledge the obligation to Punch for the war it wages with this
nuisance, which is more likely to be abated by the ridicule of the
pencil than by the plaints of the pen. It is by making the supporters
of the organs ashamed of themselves that the nuisance will be most
effectually suppressed. But the brass bands should not be spared.
Apollo knew what he was about when he gave Midas the ears of an
ass, and to such ears the brayiug of brass bands is a kindred, con-
genial sound. But the ass has it not all. It is not all bray. The
pig has its share, in the alternations of squeak and grunt.
And against this music of a herd of swine you are required to
show reasonable cause of objection, dislike or distaste not being ad-
mitted as valid. But surely we have all a right to claim quiet, as
much quiet at least as consists with the necessary traffic and business
of the streets, no part of which is blowing horns or grinding
organs. — Examiner,']
It is very probable that this fellow would never have
appeared to the summonsy but he was served by the
Magistrate's order before he left the Court, and was
traced to his lodging by the constable ; so the man
appeared, and the padrone probably retained the
services of Mr. Lewis to defend him.
Here then is the report of the case on the
summons : —
MARLBOROUGH STREET.
Antonio CapataUt the organ-player, who was on Thursday charged
with annoying Mr. John Stanford, of No. 7, Langham Place, by
playing an organ in front of his house, appeared before Mr. Knox
on a summons charging him with the same offence.
43 STREET MUSIC
The prisoner was discharged on Thursday because the magistrate
was of opinion that he ought not to have been given into custody, as
the constable did not actually see him playing his organ, but that he
ought to h^ve been proceeded against by summons. The complainant
accordingly applied for a summons, which was without loss of time
served on the prisoner.
Mr. Edward Lewis, who appeared for the prisoner, when the case
was called on, said : I must at once take an objection to the summons,
as the case has already been adjudicated upon.
Mr. Knox : That is not so. I declined to adjudicate. I said the
man was wrongfully in custody, and I would not go on with the case.
Mr. E. Lewis : The alleged c^nce was committed at five o'clock
in the afternoon/ The defendant is dragged off to the station, and
brought before you the next morning, after having been locked up all
night. The evidence against him is gone into ; the Court decides
that he ought not to have been given into custody, and dischargee
him. I contend, therefore, my client has a right to plead that the
charge has been heard and dismissed, and that he cannot properly be
summoned to answer the same charge. My client has been illegally
in custody for twenty hours, and if the complainant persists in going
' on with the case I am instructed to bring an action against him for
Mse imprisonment. I have further to complain that, notwithstanding
the defendant was discharged by you, he was detained two hours in
court while the summons was being made out, and that he was not
allowed to go away until the simmions could be served upon him
outside of the court, after which an officer was sent with him to
ascertain whether he had given a correct address. K your worship is
against me on the legal point I have raised, and the complainant pro-
ceeds with the charge, I have only to say he does so at his peril.
Mr. Knox : When I found there was a flaw in the proceedings
under the Police Act I said the case could not proceed, inasmuch as
the man was wrongfully in custody. Even assuming that Mr.
Stanford has wrongfully given the man into custody and the police
have wrongfully detained him, that does not prevent Mr. Stanford
from taking out this summons. Certainly, Mr. Stanford was not
justified in giving the man into custody; it is a matter for him
to decide whether he wHl proceed or not.
Mr. Stanford : All I want is quiet I have no personal feeling
against the man or against organ-players, but they will not go away
when desired to do so; and where is my protection? I had a
case before Mr. Tyrwhitt in February last, and that gentleman
IN THE METROPOLIS. 49
said he was not quite sure of his interpretation of the Act, but that
he considered, although a man Tras not playing "in view of a police-
man,** it was a nuisance, and he should therefore inflict a fine of 5«„
adding that the next time on oonyiction the fine would be 40^. I
acted on your worship's suggestion yesterday, and took out a sum-
mons against the prisoner ; and with respect to the constable going
with him to see if he had given a correct address, no other course
was open, as the prisoner said he did not know his own address. I
wish to state on behalf of the prisoner that I have received a letter
&om Sir John and Lady Mitchell expressing a hope that I would be
fkvourable to the man, as they were somewhat to blame in the matter,
having promised the man a gratuity at Christmas. I have no wish
to press the case against the defendant, but I wish for qniet while
pursuing my literary avocations.
Mr. Knox : With regard to the opinion of my colleague, I wish to
state that I have the greatest respect for his opinion ; but at the same
time I must act on what I conceive 'to be the law of the case. I be-
lieve that the man was given into custody illegally; I therefore
ordered l^m to be discharged. With respect to the mode adopted to
serve the prisoner with the summons, I did order a constable to follow
him to see that he gave the right address. I am willing to take that
part of the responsibility on myself. "Mi. Stanford, in giving the
man into custody, may have exposed himself to an action, but I feel
sure a jury would not give more than a farthing damages, though
certainly there would be annoyance and expense.
Mr. Edward Lewis : I am not here to defend organ-grinding, for
I know as well as anyone what a nuisance it is. All I contend for is
this, that as the man has already suffered twenty hoars* imprisonment
the complainant ought to withdraw from further proceedings.
A Gentleman : I reside near Mr. Stanford, and can say that the
organ nuisance is abominable. The men begin about nine in the
morning, and do not leave off until half-past ten at night. There are
sometimes from twenty to thirty organs in one day in the place.
Mr. Knox : I should not like the case to go off without I first state
that the inhabitants of this district shall have all the protection I can
afford them ; and for the sake of all authors, barristers, and solicitors,
too, Mr. Lewis, I will in all proved cases fine the defendants 40^. each.
The law says, " in view of a constable ;" and I have no doubt if ap-
plication were made to Sir B. Mayne, that a plain-clothes constable
would be placed near Mr. Stanford's residence, and the nuisance to
him and his neighbours would very soon be abated.
E
60 STREET MUSIC
Mr. Stanford then consented to witiidiaw the summons* and the
organ-phiyer was discharged.
I insert here this lettep from Mr. Stanford : —
Foley House, May, 1864.
My deab Bass,
After Antonio Gapatali's case, I had a little respite from these
abominable organ-grinders. They have begmi again, however. On
Monday, before twelve o'clock, I had three organ-men, besides a brass
band of five German lads, whose instruments were aU out of tune*
The organ-grinder, encouraged by some people who live a few houses
off (milliners, I believe), would not go away, and insulted me very
grossly. I, after some difficulty, procured the aid of a constable.
When the constable came up to him, the man would not give his
name or address, and pretended not to speak or understand English,
as they nearly aU do, I believe, by the order of their padrones, though
they really speak and imderstand English very well. So the con-
stable took him into custody. I attended at the station at great
inconvenience, it being about a mile and a quarter from my house.
The inspector ordered his organ to be kept, and a constable to go and
find him out, as he would not tell his name or residence. After some
little difficulty, they were ascertained. I went next day and applied
for a summons, which the magistrate granted. I paid my two shil-
lings. On the day appointed for hearing the case, I was in attend-
ance; but the organ fellow never appeared. I lost two hours this
time, this being my third attendance. The magistrate then granted
a warrant. I paid another two shillings, and from tiiat day to this the
fellow has never been seen. The padrones no doubt, sent him on
the country tramp. The fellow's name was Carlo Gongim. The fact
is, the law is wholly inoperative. I do sincerely hope you wiU obtain
for London residents some abatement of this scandalous nuisance.
Yours truly,
John F. Stanfobd.
The comments of the Press on Mr. Stanford's case,
which is one of common occurrence, are so just, that
I cannot help inserting them here at some length.
^
IN THE METROPOLIS. 51
From the "Examiner" January 1864,
THE GRINDING OPPRESSION.
The case of Mr. Stanford and the organ-grinder at the Miurl-
borough Street Police Court, is a complete exemplification of the
law relating to what is mis-called street music, and also of the way
in which the nuisance is supported and encouraged.
Mr. Knox, it will be remembered, was of opinion that the man
was not legally in custody, as the policeman had not seen him play
after the request to cease, the sapient Act requiring a constable's
▼lew of sound. But the magistrate granted a summons, and the
grinder appeared the next day, accompanied by Mr. Lewis, who
acted as his legal adviser. This gentleman attempted to take very
high ground, talked of the wrong done to his client by an illegal
confinement of twenty hours (what a blessing to the town I), and
threatened Mr. Stanford with an action for false imprisonment if he
should venture to proceed with his complaint. To this Mr. Ejiox
very sensibly replied, that no jury would give more than a £uthing
damage in such a case ; but Mr. Stanford having stated that he had
no disposition to press the charge, the complaint was dismissed, Mr.
Stanford taking only by all his trouble the comfort, such as it may
be, of this declaration of the magistrate : —
" The inhabitants of this district should have all the protection he
could afford them, and for the sake of all authors he would in all
proved cases fine the defendants 408. each. The law said, ' in view
of a constable,' and he had no doubt that if application were made
to Sir R. Mayne that a plain-clothes constable would be placed near
Mr. Stanford's residence, and that the nuisance to him and his neigh-
bours would very soon be abated."
This may be all very well as regards the special case of Mr. Stan-
ford, but what is to be the protection of others in every part of the
town who are subjected to the same annoyance ? Will there be an
officer in plain clothes in every thorough&re^ and is there a street in
which there is not an organ-grinder, one or more, almost in every
hour of the day, for the town swarms with the vagabonds ? And
why does Mr. Knox propose to confine such poor protection, as he
suggests, to authors? Why are people who happen not to be
authors to have the quiet, to which all are entitled, disturbed ? Is
not objection to an unnecessary and disagreeable noise reasonable?
But here is the stupidity of the Act, which requires what will be
52 STREET MUSIC
differently construed by different minds, and what cannot be under-
stood at all by the party warned. It is as fiEiulty as regards the
disturber as the public. When the German horn-blower, or the
Savoyard grinder, is told to desist or that he wiU be given into
custody, how is he to know that the objection to his noise is reason-
able? How is he to be satisfied that the person ordering him away
is sick, or an author engaged in composition, or a mathematician
occupied with his calculations ? Make the rule absolute that he is
to desist from braying or grinding when ordered, and there can be no
misunderstanding : for clearly it should not be the right of anyone
to disturb the streets by any noises not necessary to their traffic.
This the Legislature admitted when it prohibited the ringing of the
dustman's beU. But we shall be told tastes differ, and some people
like the sounds that torture the ears of others ; and so, too, there
may be people who like the clash of marrow-bones and cleavers ; but
should they be indulged in that sort of music at the expense of the
quiet of their neighbours? Certain it is, however, whether from
vulgarity of taste or force of extortion, that organ-grinders and horn-
blowers levy a daily contribution which would go far to the relief of
the Lancashire distress. And sad it is to reflect that honest hands
are wanting employment, and the bread it would earn, while lazy
Italian vagabonds obtain an easy subsistence by twirling round and
round a handle like that of a small coffee-mill. We are afraid to
cite the estimated number of this vagabond fraternity, lest we should
be charged with exaggeration, but that it is immense must be pain-
fully certain to everyone, there being no thoroughfare north, south,
east, and west for miles unvisited by the nuisance, and often many
times a day. In support of Mr. Stanford's complaint, a witness
stated : —
** I reside near Mr. Stanford, and can say that the organ nuisance is
abominable. The men begin about nine in the morning, and do not
leave off until half-past ten at night. There are sometimes from
twenty to thirty organs in one day in the place."
And can we wonder at this, when we learn from Mr. Stanford the
patronage attracting to the spot : —
•* I wish to state, on behalf of the prisoner, that I have received a
letter from Sir John and Lady Mitchell, expressing a hope that I
would be &ivourable to the man, as they were somewhat to blame in
the matter, having promised the man a gratuity at Christmas."
Here we have the root of the evil. The grinder was subsidized,
and a dozen inhabitants were to be disquieted and annoyed for the
IN THE METROPOLIS. 53
delectation of Sir John and Lady MitchelL The fact gives us the
measure of their ears, and doubtless they descend in a direct line
from the illustrious house of Midas, famous for wealth and peculiar
taste. The pleasures of the kitchen and drawing-room are indeed
often precisely the same, master and footman, lady and scullion,
having taste in common, and a gratification level to the coarsest
capacity. They feed on garbage without a suspicion that it is not
a choice delicacy. They listen to a horrible discord, piquing them-
selves on being fond of what they call a tune, and therefore it is that
we are so tonnented with hackneyed slang music on crazy instru-
ments.
Never let us forget our obligations to two members for the part of
the town most afflicted — Marylebone and Westminster. Lord
Fermoy and Sir John Shelley liave stood forward as the champions
of the street nuisances ; and at tlie next election they may fairly be
left to the support, such as it is, they have the best right to claim,
the votes, or rather notes, of the organ-grinding and brass-band
interests.
From the " Press"
ORGAN-GBINDING.
It is remarkable that a severe frost has always the effect of stimula-
ting the activity of brass bands. If you take a walk between ten
and twelve o'clock on a particularly cold night you will be surprised
to notice the energy of the musicians who will be perfonning in front
of numerous public-houses. Whether this outpouring of melody
takes place in the supposed interest of the performers or of the land-
lords is not quite clear. But it is likely that the sale of liquor in the
ordinary course of trade may be promoted by an expedient which is
generally considered essential to the original establishment of almost
every kind of retail business. The police reports of the present week
have supplied a pleasant example of the approved method of opening
with proper ceremonial a shop which is to depend for custom upon
the working class. A gentleman living in Kentish Town came before
a magistrate, and stated that he had a daughter lying at the point of
death. Five doors from his house was a baker's shop which com-
menced business last Saturday. The proprietor "inaugurated" the
concern by having about a dozen men playing in front of his house on
brazen instruments, from half-past four o'clock in the afternoon to ;
ten o'clock in the evening, when they went inside the shop and kept j
64 STREET MUSIC
playing there until midnight The complainant reached £ia h<HDe
about eight o'clock in the evening. Finding that his sick daughter
was grievously distressed by these brazen in^ruments, he sent a ser*
vant to request the performers to desist. They treated his remon-
strance with contempt. He then applied to a policeman* who.
instead of rendering any assistance, *' fraternized and joked with the
players." The principal complaint was against this poUceman, and
the magistrate directed inquiries to be made with a vidw to censuring
or punishing both the authors of the nuisance and the constable who.
encouraged it. The law is not without means of reachiDg offenders
of this character; but there are various difficulties in the way of
putting .the law in motion, and the greatest difficulty is that a large
part of the community applauds and rewards those musical per-
formances which cause to other persons annoyance, and perhaps
misery. If a woman is uttering outside your door sounds which
utterly destroy your power of mental concentration, and reduce you
to a state of exquisite irritability, the chances are that she will meet
your angry remonstrance by the 'statement that a gentleman two
doors off gives her sixpence nearly every week, and she will add
that it is very hard that you should interfere with her attempts to earn
an honest livelihood. The &ct is that the rude majority of the in-
habitants of London do like organ-grinding and kindred noises^
which the more refined minority call nuisances. Even in respectable
streets and squares, the servants covertly encourage those performances
wliich drive their masters and mistresses to desperation ; and there
are people who have had opportunities of acquiring a more instructed
taste, who, nevertheless, seem to consider that noise is equivalent to
hilarity. Not long ago, a complaint preferred against itinerant
musicians by Mr. Babbage or some other sufferer was met by the
statement that an Irish girl, servant at a house where a wedding was
going forward, had given the musicians a gratuity sufficient to retain
their most energetic services for the entire day. The girl, no doubt
considered that she was taking the most natural and proper measures
to insure the adequate solemnization of a wedding in her master*B
£Eimily. Some people, too, encourage, for the amusement of their
children, that class of grinders whose machinery sets doUs in motion
at the same time that it evolves some familiar tune. A case occurred
only a week ago, in which an exasperated inhabitant of Langham
Place, whose *' literary avocations " had been disturbed by an organ-
player whom he brought before a magistrate, was obliged to admit
that the defendant was not wholly without excuse, inasmuch as a
IN THE METROPOLIS. 65
neighbour had promised the man a gratuity for doing the very thing
of which complaint was made. From the difficulty which appears
to occur in obtaining convictions against these disturbers of study
and repose, it might almost be suspected that some of the police
magistrates either have a veiy uninstructed taste in music or are so
happily constituted as to be totally incapable of having their thoughts
distracted or their slumbers broken by any amount of organ-grinding
or brass bands that could be concentrated outside their windows. It
is said that Lord Stowell had a passion for visiting shows, and it may
be that other lawyers love the sort of music which usually aooomper
nies those entertainments. It is doubtless advantageous to a lawyer
to have a strong digestion, a head that can bear liquor, a mind that
no interruption can distract, and nerves incapable of being affected
by the most acute or droning sounds; and perhaps there may be
among the police magistrates examples of this convenient hardihood
of bodily and mental constitution. If, however, there sat upon the
bench a magistrate who ficom his own had learned to feel another's
woe, it would not be difficult to £nd in the Metropolitan Police Act
clauses which apply to organ-grinding and brass bands^ although, as
regards singing women, who are perhaps capable of inflicting the
most severe of all tortures upon irritable nerves, the law is not so
clear as the sufferers under this last-named nuisance could desire.
It is provided by the above-mentioned Act that it shall be lawful
for any householder within the Metropolitan Police district, personally,
or by his servant, or by any police constable, to require any street
musican to depart from the neighbourhood of the house of such
householder on account of the illness of any inmate of such house, or
for other reasonable cause ; and every person who shall sound or play
upon any musical instrument in any thorough&re near any house
after being so required to depart shall be liable to a penalty not ex*
oeeding 40«. The complainant in the case above referred to stated that*
**as he was engaged in literary occupation, he was much annoyed"
by organ-grinding ; and Mr. Knox, sitting at Marlborough Street,
dedded that this was **a reasonable cause*' for requiring the grinder
to depart. This decision would seem sufficient for the protection of
students of every dass ; but it was stated in the course of discussion
that Mr. Tyrwhitt, in a case before him, ** was not quite sure of his
interpretation^ of the Act," although he inclined to consider organ-
grinding under similar circumstances a nuisance. But even assuming
Mr. Knox's construction of the Act to be adopted by all his brother
magistrates, th^ householder's practical difficulty is to enforce his
66 STREET MUSIC
requisition if the grinder politely but firmly declines to pay attention
to it. Of course, the grinder cannot or will not understand the
remonstrant's language; but it would not be reasonable to allow
him to pretend ignorance of those energetic signals which are
probably employed by all the nations of the earth to indicate a par-
ticular desire tiiat the person to whom they are addressed should
depart out of the presence of the person who employs them. The real
difficulty is, that the remonstrant has neither time nor inclination to
accompany the grinder through the remainder of his day's wander-
ings, until he turns bis weary footsteps towards his humble lodging
in Saffron Hill, and thus reveals an address where a summons maybe
served upon him. Perhaps, too, the remonstrant may have heard
that the neighbourhood of Saffixm Hill is rather thickly peopled with
Irishmen and Italians, and he may fear that among the cudgels of the
former and the knives of the latter perfervid race it may happen that
his studies may suffer an interruption much more serious than ever
they sustained from organ-grinding. In this difficulty one natiually
thinks of applying to a policeman. But that is a resource which
should be adopted with as much discretion as is possible under thtt
vexatious circumstances. There is no better opportunity for getting
a warrant than a summons, and the Act only autiiorizes the police to
take into custody without warrant " any person who, within view of
any such constable," shall offend against the Act, and whose name
and residence shall be unknown and cannot be ascertained. The
complainant in the recent case had requested the grinder to
depart. He did depart, but returned to the other side of the house
and resumed grinding. The complainant having met with a con-
stable, and being desirous of making an example of the grinder, gave
him into custody, and he was taken to the police-station. The con-
stable stated that, when given into custody, the prisoner was not
grinding, but was sitting upon his 'organ. Hereupon Mr. Knox
considered the prisoner was not rightfully in custody, and discharged
him. There is no doubt that this decision was correct. The com-
plainant had rendered himself clearly liable to an action for felse
Imprisonment, but it may be doubted whether a jury would give
more than nominal damages in such a case. The complainant said,
with truth, that if the Act were thus strictly construed there would
be no protection for him, because, if, when annoyed, he went for a
constable, " the men would put down their organs and pretend they
were not playing them." He said that the grinders numbered
twenty or thirty in the course of the day, and play^ all day long»
IN THE METROPOLIS. 57
from nine o'clock in the morning till ten at night. It was saggested
by Mr. Knox that the heavy and apparently exceptional affliction of
Langham Place might be mitigated by employing a constable in plain
clothes to take offenders in the act of grinding. As regards the
metropolis generally, it is satis&ctory to obtain clear magiBterial
decision that the disturbance of ordinary study or literary labour is
"a reasonable cause" within the Act for requiring grinders to
desist.
Here is a case of Mr. Babbage, in which, no
doubt, the penalty inflicted was paid by the pa-
drones : —
Salvani Oristoferi, an organ-grinder, appeared to answer two sum-
monses for refusing on the 19th and 20th ult., to cease playing and
depart from the neighbourhood of a house belonging to Mr. Babbage,
Ko. 1, Dorset Street, Manchester Square, after being requested to
do so.
• Mr. Babbage stated that upon the first occasion he was disturbed
by the noise of the deft^ndant's organ, and he went out and requested
Mm to cease playing, and to go away. The defendant was encou-
raged by those around him. The complainant went in search of a
constable through several streets. He did not succeed in seeing a
constable, and returned, when he found the defendant had gone, but
he suspected that his servant had told him to go away before the
police came. The defendant came again on the foUowing day in
front of his house. He was disturbing him very much. For nearly
twelve months he had not brought any one before the Oourt, but he
must say that during that time he had been most grievously in-
convenienced. He had been disturbed no less than one hundred times
while at his work. The people in the neighbourhood encouraged
the organ-men. He could not, he said, walk along the streets now
without being insulted by persons living in the neighbourhood. He
was caUed after when he went about.
George Gollis, in the employ of Mr. Babbage, corroborated his
master's statement.
The evidence was interpreted to the defendant.
Mr. Mansfield said it did seem to him that Mr. Babbage was sub-
jected to a very great persecution. It was to be hoped that the insults
58 STKEET MUSIC
to which he is exposed were not mentioned in any foreign newspaper,
for if they were it would be degrading to the population of this
country. These men were encouraged to annoy and tease him by a
Bet of ill-conditioned 'people, to their disgrace. Mr. Babbage was
engaged on works of great scientific importance, and of a nature
which his persecutors could not understand. From the evidence of
the servant it appeared that defendant did understand what was said
to him, and that what he did afterwards was wilful and contumacious,
and he should, therefore, show him no indulgence, but order him to
pay a penalty of 208. and costs upon each summons.
Before the van came, the money, 44«., was paid, and the defendant
was liberated.
To the Editor.
November 5,
Sib,
In your police report of the 2nd, BCr. Mansfield's remarks on
the subject of street music are worth noticing. The worthy magis-
trate says truly, thai London is the ordy European capital in which
street music is allowed. It would be well if we could discover why
it is allowed with us. From the tone of several letters which ap-
peared in your columns, a few months ago, it would seem that there
is at least a part of the population of the metropolis who positively
take pleasure in listening to the ceaseless music of the grind-organs,
and (for the most part) much more offensive Grerman bands, which
haunt what are euphoniously called the quiet streets and suburbs of
London. For some months past I have taken the trouble of asking
my friends in different parts of London for their opinions on the sub-
ject. I have taken notes, and I find that having asked the question
in twenty-seven different houses, in twenty-five out of that number
the elder members of the &mily were unanimous in their condenma-
tion of what they considered simply a nuisance. In the families of
some of my friends, where there were young people, it was looked
upon as a double annoyance. The organ-grinders and bands seem-
ing to multiply in number, and redouble their efforts, at all kinds of
inconvenient hours, during lesson-times, after bed-time, till eleven
and twelve at night, &c.
Now, as my acquaintances are neither unkind, churlish, nor un-
musical people, but &ir specimens of the numerous class who dwell
IN THE METROPOLIS. 59
in the parts of London most visited by street music, I ocnne to the
oondusion that amongst that class by fu the greater nmnber ^ronld
hail the day of their deliverance from this tanneni I conclude,
also, that the reason vre all bear it in silence is, that "we think that if
the law were to step in and abolish street mnsic, a poor, honesty and
industrious class would be deprived of the means of living. In this
I imagine lies our mistake. I know comparatively little about the
Gtonnan musicians, but I can speak from good information about the
more numerous class of Italian organ boys and men. I am convinced
that our Legislature could not pass any measure of more genuine
humanity and charity than one which would prevent the ii^porta-
tion (I can call it by no other name) of those poor Italians into this
country. They come, with scarcely any exception, to satisfy the
greed of a few large speculators of their ovm nation. They are
badly treated, ill-fed, and, into the baigain, cajoled out of the greater
part of their hardly won earnings, before they return to their own
homes, which many of them never reach.
I will not trespass on your space by entering into the details of the
lives of those poor but honest, and ill-treated men. I only wish to
suggest to the public, by your help, that, instead of doing a charity,
we are, in truth, only encouraging a loaiheome system of crwHty and
oppression. If I can but succeed in attracting the attention of
others better able to treat this matter, I shall have done all that I
desire.
I am. Sir,
Your very obedient servant,
B.
From the "Morning Post," December 5, 1863.
We must appeal again for the privilege that every citizen should
enjoy, of immunity in his own house from annoyance by his neigh-
bours. Where is the old boast that an Englishman's house is his
castle, if it be in the power of any one, or 'any nxunbers, to stand
opposite to it in the public street and render it unendurable ? But
this is done every day. That Italian organ-grinders, blind men with
screeching clarionets, boys with droning hurdy-gurdies, sucking
musicians in the first stage of trombones and ophicleides, have daily
the power of creating a plague as bad as any in Egypt of old, not a
householder but knows tolus distraction.
Mr. Babbage, the eminent mathematician, on Wednesday last.
60 STREET MUSIC
took out a summons against an Italian organ-grinder, one Salvani
Oristofero, the usual compound of garlic and goatnakins. The dirty
vagabond with the poetic name, but very prosaic appearance, had
beset Mr. Babbage's house for two consecutiye days, had played there
unceasingly, and, when repeatedly desired, had refused to depart.
The services of Mr. Babbage are employed by the Gk)vemment in
calculations of the ver^ highest importance; those calculations
require the strictest accuracy ; and calm and quiet are absolutely
necessary for their development. Mr. Babbage, on Thursday,
assured Mr. Mansfield, the sitting magistrate, that the persecutions
which, he had so long and notoriously undergone at the hands of
these insolent aggressors, still continues. That during the last
twelve months he had been disturbed by them no less tlian one
hundred times; that he was thus most seriously impeded in the
work by which he obtained his livelihood ; that he was convinced
that he was made the object of these harassing attacks, solely for the
purpose of extorting money ; and that his neighbours set these vaga-
bonds on in their discordant assaults, and themselves hoimded him
in the streets for endeavouring to punish them. . On this statement,
so thoroughly disgraceful to our municipal rule, Mr. Mansfield made
some very sensible remarks. He reprobated the persecution to
which Mr. Babbage had been exposed. He trusted that the men-
tion of it would not find its way into any foreign journals, for it
would be degrading to the population of this country. He denounced
the conduct of the instigators of this outrage as disgraceful, and that
of the prisoner as vilful and contumacious. But, after having de-
livered himHelf of this philippic, how does Mr. Mansfield confirm it
by his act? He first undoes it, every word. He fines the offender
exactly 2Z. 4«., which is of course at once paid, either by tlie foreign
scoundrel who imported his compatriot here for the express purpose
of levying black mail on quiet English people, or by the degraded
neighbours who had been thus hounding him on to harass attain-
ments and industry utterly beyond their comprehension. What
could Mr. Mansfield be thinking about? Certainly not any plan of
mitigating this evil. Had Mr. Mansfield sentenced him to six
weeks' hard labour, and confiscated his organ, there might have
been some chance of securing a little immunity in this particular.
Both the instigator, and the insolent tool of the outrage, would then
have been caught in their own trap, and studious people would be
permitted the privilege of reaping the results of their studies. At
piesent the hardships that are endured — and must be increased by
IN THE METROPOLIS. 61
Buoh decisions as this — owing to the indefinite nature of our laws,
and the mistaken leniency of our magistrates, are fieir more frequent,
and more severe than many people are aware of. As usual,
obscurity in the Act of Parliament is chiefly to blame. The Act
says that this annoyance can be prevented only in the case of illness
or other reasonable cause. But, marvellous to relate, not a magis-
trate will allow the utter impossibility of pursuing a profession tax-
ing the mental faculties, to constitute that reasonable cause. We
can only beg them to place a new organ and a freshly imported
grinder in the anteroom of their court when next investigating a
knotty case. No reasonable cause! Why, it seems ludicrous to
rule tiiat because a man is spared having an invalid in his house, he
must needs be exposed to the infliction of what may be a positive
personal annoyance to him. Street music can hardly be deemed a
vital necessity to any one. Those who like it, and require it,
should at least be compelled to indulge their tastes where it can
annoy no one else. Smith is not permitted to annoy Jones by
placing a manure-heap within reach of his nostrils; why should
Jones be allowed to excruciate Smith's ears with Italian organ-boys ?
Fair play for all. One rule, and one remedy, would make it all
straight. It should be at the absolute option of any man to prevent,
at his pleasure, any such annoyance taking place within vivid hear-
ing of his own dwelling. And any infraction of such a privilege
should, after due warning, be visited witha little hard labour and
the invariable confiscation of the instrument, monkey and all. Well
might Mr. Mansfield deprecate foreign knowledge of the way we
treat our eminent mathematicians here. In most foreign countries
such a man as Mr. Babbage would long ago have been lodged at the
public expense in some quiet comer, and the greatest care would
have been taken that his important labours should sufler no detri-
ment. Here, the district prefers organ-boys, and the magistrate
virtually confirms the preference. There is something very painful
in contrasting the intrinsic value and the actual estimation of the
two antagonists of the police-court on Thursday. The monarch of
the forest flying before the attack of the gadflies, is scarcely a more
pitiable anomaly than a judicial decision which condemns intellect
of the first order to be legally discomfited by a compound of filth and
insolence, grinding of *' Dixie's land," or ** The dark girl dressed in
blue."
62 STREET MUSIC
Here is the case of the clergyman, whose letters I
have given at pp. 12-14.
CLERKENWELL.
A. Valentine, an Italian, residing on Saffron Hill, was summoned
before Mr. D'Eynoourt, at the instance of the Rev. John Meadows
Rodwell, M.A., rector of St. Ethelburga, Bishopsgate Street Within,
for playing upon an organ in Highbury New Park, after having been
personally required to leave.
The Rev. Mr. Rodwell said he resided at Douglas House, 33,
Highbury New Park, and for a very long time past — ^in fact, for more
than two years — he had been annoyed by the continual playing of
street organs near his house. On Saturday week, about five o'clock
in the afternoon, the defendant was playing his organ in the fore-
court of Frankfort Villa, a house in the occupation of a Mr. Halle', a
merchant of the City, and which was immediately opposite to his
house. Every note of the organ could be heard distinctly in every
room of his house, and as he was, and is, engaged in making trans-
lations from three or four Oriental languages, tlie nuisance was
quite intolerable. He went over to the defendant and asked him to
desist, but he would not, as he waa engaged to play by Mrs. Halle.
On the previous Saturday he went to the defendant and told him
that Mrs. Rodwell was unwell, and then he went away. The defen-
dant was in the habit of playing in the forecourt of Mr. Halle's
house every Saturday for an hour, and he might as well be in the
road, as the garden was only about four yards in depth. The defen-
dant did nothing but grind out old tunes over and over again, and
the loud screeching notes were a source of much annoyance to Mrs.
Rodwell, who is seriously ill and very nervous. In addition to play-
ing in front of Mr. Halle's house, the defendant also was in the
habit of playing in front of two other houses higher up. Mr. Halle'
was not only in the habit of having the defendant in front of his
house, but he had a whole army of organ-grinders there. Before
taking these proceedings he had written to Mr. Hall6, asking him to
abate the nuisance, but, instead of doing so, Mr. Halle had rushed
into his house and behaved in a very improper manner towards his
friends and himself. He was not quite certain that he ought not to
have summoned him before the magistrate. He might state that he
had no personal prejudice against the defendant, and would rather
pay a fine for him than otherwise. It was quite impossible to wni»
IN THE METROPOLIS. 63
or study when the defendant and men of his class were playmg
their organs.
For the defendant it was contended that the garden of Mr. Hallos
honse was not a puhlio thoroughfiEire, and therefore the magistrates
had no jurisdiction, and must dismiss the summons.
Mr. D'Eynoourt silid, unfortunately, there was a difficulty in the
Act, and he could not now convict the defendant. Had Mr. Halle
been in attendance he should have told him that it was a most ill-
natured and nnneighbourlything to do, more especially when he had
been asked to discontinue the nuisance, and told the reason why it
was requested.
Sophia Silk, housemaid to Mr. Halle, said that her master had the
defendant in the garden every Saturday to play to the children, and
they were very much delighted and pleased with the organ, as was
every one else in the house. Mr. Bodwell was the only person who
complained of the organs being a nuisance, and she could not under-
stand why he did so.
Mr. Bodwell said the nuisance was so great that if it was not dis-
continued he should have to leave the neighbourhood. He had
written to Mr. Bass, who had introduced a new Bill into the House
of Commons on the subject, and had suggested that a clause should
direct those who wanted organmen to play to them to take them into
their houses. He had been a clergyman in the metropolis lor the
past twenty years, and he could vouch for it that the nuisance that
these organmen were to them was intolerable, for they could not read
or study even when they had a little time to themselves.
Mr. D'Eyncourt said he could quite sympathize with Mr. Bod-
well, and he could not conceive anything more horrible than the con-
tinual playing of these street organs in front of his study. If Mrs.
Halle wanted to amuse her children she had better have the defen-
dant with his organ in the drawing*room, and close &11 the doors and
windows. He was of opinion that she would then soon get rid of
the nuisance. He would direct one of the warrant officers to call on
Mr. HalM, and tell him that it was very unneighbourly of him to
continue the nuisance.
The defendant was then dischaiged.
64 STREET MUSIC
The following case (13th June, 1864) is the latest,
and presents the usual features of the oigan-grinding
nuisance : —
HAMMEESMITH.
Antonio BartdU, an Italian organ-grinder, who appeared not to
understand English or French, was charged with annoying Mr.
B. C. Jones, of No. 9, Arundel Oardens, Kensington Park, in his
professional duties.
The complainant said he was engaged in writing an historical
work, and that he and his neighbours were continually annoyed by
organ-grinders. They were such a nuisance that they were pre-
vented from proceeding with their work. On Friday morning,
about twelve o'clock, he was disturbed by the prisoner playing an
organ at the comer of the street. He went into the hack garden at
the end of the terrace, and to call the prisoner's attention he threw
some stones, and by gesticulation desired him to go away. Instead
of doing so, he set him at defiance. As he walked towards him he
put his organ down and doubled his fist. The witness then turned
and went into the house. Immediately afterwards his housekeeper
called his attention to the prisoner. He then saw that he had
turned round towards the front of his house and was grinding his
organ in defiance of him. He ultimately gave the prisoner into
custody.
Mr. Sutherland Menzies, of Ladbroke Gardens, said he lived in the
neighbourhood of Mr. Jones. On Friday, when Mr. Jones called
his attention to the case, he had heard an organ playing for half an
hour, which it did every morning to his great annoyance. He com-
plained that the organ-grinders in his neighbourhood pursued a
system of extortion.
Mr. Whitcombe, a solicitor, also residing in that neighbourhood,
said that during the time he was in his office on Friday morning he
had to suffer the playing of nine different organs next door.
The prisoner, on hearing the evidence interpreted to him, said he
put the organ down because the complainant threw a stone, and he
thou<^ht the instrument was injured.
Mr. Jones said the stones did not Ml nearer to him than twenty
yards.
In defence, the prisoner said when he took up his organ a lady
called him to play. While he was playing the complainant came up
IN THE METROPOLIS. 65
and said he would go for a policeman. He went away as soon as he
had finished the tune.
Mr. Ingham said that in conflicting tastes it was difficult to know
what to do. He, however, thought that when an author was writing
an historical work, that was a sufficient reason for an organ-man to go
away when requested, though twenty other persons should wish him
to stay.
Mr. Jones said he believed that he had cautioned the prisoner
several times before.
The owner of the organ was then called in, and examined through
the interpreter. He said he let the organ to the prisoner, who
had been in England about fourteen months. The prisoner under-
stood very little English. The witness instructed him to go away
when requested. The prisoner was brought over to this country by
his friends. The witness had seven organs, all of which he let out
to his countrymen.
The prisoner having expressed his regret and his determination
not to go again in the neighbourhood and disturb the complainant,
Mr. Jones said that was all he wished.
Mr. Ingham requested the owner to tell the prisoner that some of
the householders in this neighbourhood are much annoyed by organ-
grinders. He also requested the owner to be very precise in his
instructions to his men, that they must move on when requested so
to do.
* The prisoner was then discharged.
66 STREET MUSIC
CHAPTER rV.
OPINIONS OF THE PRESS ON STREET MUSIC.
I SHALL now give extracts from Articles in the
Leading Papers and Eeviews. I wish space per-
mitted me to give more extracts from our fac/etious
and potent ally, Punch. I shall, however, limit
myself to one.
To the EdUw of " The Times"
Sib,
I BEG to submit to the consideration of the Home Office my own
case — one of the many in which serious annoyance and loss are daily
occasioned by the impunity which the police are directed to concede
to the street musicians of London. I am aware that there are many
worse cases than mine— nevertheless, I consider mine to be one to
which some remedy ought to be applicable.
I have hired a house in a quiet suburb of London, with the view
of educating my children to the best advantage. My eldest girl is a
pupil of M. , the well-known pianist, who gives her a couple of
lessons every week. He generally arrives about 11 a.m. on
Wednesdays and Saturdays, and is invariably followed, about five
minutes afterwards, by a band of five blind men, known as *' the
Scotch Crawlers." These persons, warned by their emissaries of
M. 's arrival, range themselves in the gutter before my house,
and strike up a monotonous drone on two clarionets and three
violoncellos, which may be feebly expressed thus — Bumm — ti —
tiunm — ti — dummm, and persist in it till my servant buys them off
by the payment of half-a-crown, for they decline to' move on for less
IN THE METROPOLIS. 67
than 6(2. a head, and I find it cheaper to pay that amonnt in black
mail to them than to lose M. *s lesson, which costs me a guinea.
I have in vain appHed to the police. They say that they have
instructions to interfere only in cases of Hlneias, and, thank God, I
cannot plead that excuse*
The knowledge that I object to street music, that I have in yain
applied to the police to deliver me from it, and that twice a-week i
pay 2$. 6(2. black mail in order to get rid of it, has rendered our
street a favourite rendezvous for all manner of discordant vagabonds.
A neighbour of mine — a celebrated artist — whose name is a house*
hold word in consequence of the amusement which we all weekly
derive from his pencil, is almost driven wild by them. Occasionally
he sallies forth to remonstrate, when he is invariably met by the
foulest abuse ; he then proceeds to find a policeman — no easy job at
any time — and, possibly, eventually succeeds in ridding himself of
one set of negro melodists at the cost of a mornmg's work to him-
self; but they are scarcely out of the street before the running is
taken up by the well-known horse-organ, with the kettledrum move-
ment, which has only been waiting round the comer till the police-
man departs ; or by the notorious widow, whose infant phenomena
perform imtating sonatas on a jingling pianoforte placed on a
costermonger's vegetable truck, drawn by a small donkey. The best
understanding exists between all these plagues; they carefully
impart to each other the exact localities where their presence is
least acceptable, and, therefore, most likely to be bought off at a
remunerative price.
The law, as it exists, is sufficient. All that we require is that the
Home Office should direct it to be put in force. It seems to me that
were the police instructed not to interfere with street musio in
localities where nobody objects to its presence, but always to remove
it where a single householder requires them to do so, the evil woidd
be effectually met. If A is busy, or nervous, or even capricious, and
objects to the ** Bum ti tum '* of " the Scotch Crawlers," to the bray
and crash of the horse-organ, or to the yells and datter of the negro
melodists, it is surely intolerable that it should be in the power of
his malicious neighbour B to expose him to such serious annoyance
whenever he desires to stir him up. If B really likes that sort of
music, let him enjoy it by all means in his own dining-room; but
let him not madden his neighbours by having it performed in the
open street. We do not allow cricket, or tip-cat, or football, in our
thoroughfares, although these games would doubtless afford infinite
68 STREET MUSIC
delight to thouflands of innocent boys, were they tolerated in our less
frequented streets and squares. On what ininciple, then, does the
police permit " the Scotch Crawlers," the ruffian in woman's clothes
who dances *' the Cure/* the nigger melodists, the horse-organ, and
the donkey pianofortists to infest us against our will, avowedly with
the view of extorting money from us to get rid of them ? Perhaps
the worst nuisance of all is the German-boy band, every member of
which attempts a different tune at the same time on a damaged
wind instrument They mostly play of evenings^ stationing them-
selves at open dining-room windows, where dinner parties are
going on, and before houses where the knockers are tied up, and
where the street is strewn with straw.
I am, Sir,
Your obedient servant.
Paterfamilias.
From the ** Examiner" May 21. 1864.
THE GREAT STREET NUISANCE.
Hie Times has an excellent article on the subject of the intoleraUe
street nuisance, which it justly likens to a method of extortion prac*
tised in China :
" It differs in nothing from the practice of the Qiinese mendicants,
who clatter strips of bamboo at the door of a shopkeeper till they are
got rid of by an alms. If not paid, they will create their disturbing
din for any length of time, just as the London organ-grinder will
play his collection of discords three times over, to wear out his
victim's patience. It becomes a battle of endurance on both sides,
with this advantage on the part of the grinder — ihat his infliction
becomes less endurable every moment. But, while we have the
Chinese principle of extortion established among us, we have not
their remedy for the evil, llie bamboo-player is bound by custom
to cease on receipt of the smallest piece of money current ; his Italian
counterpart in London has been known to refuse a shilling as not
sufficient to buy him off. When the life or death of one of a femily
depended on imdisturbed repose, we have little doubt the organ-man
might demand what he pleased."
We should like to know the amount of black mail raised by the
filthy Savoyards and Germans who monopolize the art of extracting
money from our pockets by torturing our ears. The amount must b6
IN THE METROPOLIS. 69
Tery large, as there is not a part of this huge toWn which, from day-
break to midnight, is not beset with the vagabonds with their crazy
organs or cracked homa If housekeepers would resolve, only for one
week, to give to the relief of the distress in Lancashire what they
and theirs aie in the habit of giving either to buy off or to reward
detestable sounds, the nuisanoe would receive a death blow, and by
the same means a handsome subscription would be realized for
a beneficial object. An officer who has watched the nuisanoe esti-
mates the tax at an average of sixpence a day for eveiy house at the
west and north ends of the town, and states that some of the grinders
will not quit a square or street till they have levied their quota ; and
that by sheer pertinacity they succeed.
That some give from liking is not to be denied, for a bad thing
seems good to a bad taste. There were people who relished the air
of the graveyards crammed with putridity, and others whose noses
delighted in the peculiar smell of the Thames three or four years ago,
and whose only complaint was of the inconvenient appetite created.
There are people who admire the marvels of art in Trafalgar Square,
and even some who find grandeur and grace in the Guards' monu-
ment, with Victory playing at quoits. There is no abomination
for which there is not some congenial taste ; but because our neigh-
bour likes bad music, are our necessary occupations to be unceasingly
interrupted, and our ears put to the torture ? Our right to quiet is
stronger, 8iu«ly, than his to h^ strange, foul, and unnatural gratifi-
cation. Foreigners are amazed at what they call the coarse gluttony
of the English taste for music, feeding on the worst garbage ; and
they argue that the general ear cannot escape uninjured any more
thsu the palate could if disgusting rubbish were forced upon it. Be
that as it may, if the music were good instead of abominable, the
obtrusion of it at all times and seasons, at all hours of the day and
most of the night, would be an intolerable torment Indeed we
have not a doubt that madness could be produced by incessantly
plying a prisoner with sweet sounds. It would be like the torture of
the dripping water, which no head can long endure — ^not painful,
perhaps agreeable in the commencement, but agony by repetition.
The Times well observes :
" The Mlacy that protects this abuse would be detected in a moment
if any other art were employed in the same way. If another set of
specidators persisted in holding up some hideous and repulsive daub
before your window, and refused to move it till paid to go away, they
could scarcely be defended on the ground that they were dissemin-
70 STREET MUSIC
ating a taste for paintiDg. A similar exhibition of some carving;
as (Sstorted as an AMcan idol, to compel a gift by creating disgust,
would not be protected by asserting the idol to be sculpture. Exactly
"what these things would be to real art, organ-grinding is to music.
The 'reasonable cause' of objecting to tlie abuse is easily found
and defined. It should simply be the dislike of the hearer to any
such infliction. Why he dislikes it he should not be required to
explain. Even good music, forced on the ear at all hours, becomes
an unmitigated nuisance ; and what is purposely made atrocious that
it may be more annoying, deserves no forbearance."
The closest analogy is the practice of some beggars, who go about
almost naked, exhibiting horrible sores and deformities to extort
alms, especially from pregnant women. But these wretches must
watch their opportunity, and if they are handed over to the police,
the complainant is not required to show reasonable cause of objection
to a filthy and disgusting exposure.
It is the peculiar misfortune of the metropolitan public that the
nuisance so ofiensive to it, and detrimental to its occupations and
peace, is under the fond and special protection of two of its members.
Lord Fermoy, the member for much afflicted Marylebone, and Sir
John Shelley for Westminster. The householder^' day of reckoning
with tbem will come, but meanwhile their bad representatives will do
all in their power to defeat Mr. Bass's Bill. The Irish lord and
English baronet &ithfully represent the discords tormenting the
town. The blackguard Savoyards i^d herds of German swine owe
them a testimonial, a Midas's ear in brass.
From the « Globe:'
" Perhaps the worst nuisance of all," wrote ** Paterfamilias** to The
Times, the other day, ** is the German boy-band, every member of
which attempts a difierent tune at the same time, on a damaged
wind instrument. They mostly play of evenings, stationing them-
selves at open dining-room windows, where dinner-parties are going
on, and before houses where the knockers are tied up, and where the
street is strewn with straw.'
If we are rightly informed, there is a worse thing about these
Grerman boy-bands than even their detestable dissonance, which
many a Paterfamilias, besides him of The Times, knows has pursued
him from the suburbs of London to the quietest watering-place in
•which he has sought refuge on the coast. It is credibly stated that
IN THE METROPOLIS. 71
these poor little wretches are regularly inveigled over from •• Vater-
land," on pretence of heing found employment ; and when landed in
London find this ** employment " is to consist in practising in our
streets an art, of which they have not learnt even the rudiments.
What sort of teaching they ever get in that art is sufficiently evident
from the sort of music which they discourse, which is certainly the
reverse of " excellent." Soft-hearted suhurbans and sea-siders give
these little wretches coppers, not for the charms of their crude per-
formance, but as alms ; and these alms, let them understand, go to
the rascally abduoers of urchins who ought to be at school, for the
mere lucre of dirty gain. Tourists return from Italy open-mouthed
against good, hon^ dirty, ragged, verminous Italian beggars. But
here we are not satisfied with home-grown mendicancy, its pro-
fessional properties, as above indicated, and its merely oral whine ;
we must needs import instrumental beggary into the bargain from
every Italian or G^erman port which can supply it. The catholic
virtue of indiscriminate alms-giving has so died out amongst us that
we fi&el we require putting on the rack to excite our Christian
eharity. We can imagine no other principle on which our present
passive submission to the instruments of torture wielded by the
vagabond musicians who infest our streets can be explained. We
Suspect we were precipitate in assuming, some little time back, that
those who pay them must needs like them ; and that the &ict that
they pick up a livelihood amongst us goes some way to show that
they do really contribute to ** the greatest happiness of the greatest
number.'* No doubt this is to some extent true. Paul Hentzler,
three centuries back, described the English as fond of gay colours,
and of great noises. The taste for both, and more especially for the
latter, has now, for the most part, descended from the first floors to
the basement story. It is from thence, no doubt, that street mu-
sicians buy the larger proportion of the tribute vohmtarUy paid to
their production of "great noises." But, besides that voluntary
tribute handed up through area rails to these flayers of all educated
ears, there is the involuntary tribute (possibly a larger one) from the
owners of these latter. It was laughed at, as a licence of broad
fiEU'ce, when a wandering minstrel on the stage declined to " move on "
for anything under sixpence, as " he knoVd the vally of peace and
quietness." But "truth is strange, stranger than fiction." Five
times that tribute is reg^ukrly levied, twice weekly, on " Paterfamilias*
of The Times, by five blind vagabonds, known as "the Scotch
Crawlers," who have, it seems, discovered the hours at which that
72 STREET MUSIC
much-vexed gentleman's daughter takes musio-lessons. The noto-
riety of this trihute " has rendered," he adds, ■** our street a &vourite
rendezvous for all manner of discordant vagabonds."
"A neighbour of mine — a celebrated artist — whose name is a
household word in consequence of the amusement which we all
weekly derive from his pencil, is almost driven wild by them. Occa-
sionally he sallies fortti to remonstrate, when he is invariably met by
the foulest abuse; he then proceeds to find a policeman — ^no easy
job at any time — and, possibly, eventually succeeds in ridding himself
of one set of negro melodists at the cost of a morning's work to
himself; but they ate scarcely out of the street before the running is
taken up by the well-known horse-organ, with the kettledrum move-
ment, which has only been waiting round the comer till the police-
man departs ; or by the notorious widow, whose infant phenomena
perform irritating sonatas on a jingling pianoforte placed on a
costermonger's vegetable truck, drawn by a small donkey. The best
understanding exists between all these plagues; they carefiilly
impart to each other the exact localities where their presence is
least acceptable, and, therefore^ most likely to be bought off at a
remunerative price."
The celebrated artist above alluded to pillories his persecutors
effectually in this week's Punch, whose pen, moreover, comes in aid
of the avenging pencil. But something must be done seriously to
set limits to the nuisance which to some is a pleasure. " The law,"
says ** Paterfamilias," ** as it exists is sufficient. All that we require
is that the Home Office should direct it to be put in force.
** It seems to me that were the police instructed not to interfere
with street music in localities where nobody objects to its presence,
but always to remove it where a single householder requires them to
do so, the evil would be effectually met. If A is busy, or nervous,
or even capricious, and objects to the * Rum ti tum ' of * the Scotch
Crawlers,* to the bray and crash of the horse organ, or to the yells
and clatter of the negro melodists, it is surely intolerable that it
should be in the power of his malicious neighbour B to expose him
to such serious annoyance whenever he desires to stir him up. If B
really likes that sort of music let him enjoy it by all means in his
own dining-room ; but let him not madden his neighbours by having
it performed in the open street. We do not allow cricket, or tip-cat, or
football, in our thorough&res, although these games would doubtless
afford infinite delight to thousands of innocent boys were they
tolerated in our less frequented streets and squares. On what
principle, then, does the police permit ^ the Scotch Crawlers,' the
ruffian in woman's clothes who dances * the Cure,* the nigger melo-
dists, the horse organ, the donkey pianofortists to infest us, against
our will, avowedly with the view of extorting money from Us to get
rid of them ?"
IN THE METROPOLIS. 73
We do not see that theie would be any valid objection to this
restriction of street music. After all, streets are built for people to
live and work in ; not primarily to afford open-air concert-rooms for
nigger or other wandering minstrels. That secondary or occasional
use of city and suburban thoroughfares must 3deld to the primary,
when the two come, as they come so frequently, in collision. It is
rather unlucky that the gentlemen who govern the country do not feel
the nuisance. In a conversation which took place on tliis subject in
the House of Lords, not long before the death of the late Lord
Campbell, that venerable judge, and all the other lords, if we re-
member right, who took part in it, declared themselves opposed to
any " organic change." But the truth is, they really do not feel the
organic disease. Their mansions are either set back from the public
thoroughfares (like Stratheden House), or, at all events, have depth
and space enough to get out of reach of all importunate street noises.
Let them observe the sort of middle-class residences at Notting Hill
and Kensington, depicted by Leech, with the well-known water-
tower erect in the distance. The men of art, and science, and
letters, who dwell in the many houses which are not mansions in
those streets and squares, cannot get away, like noble lords and
honourable gentlemen, from these trivial annoyances, and, in plain
terms, cannot afford to continue subject to them in their present
enormitv.
From'' Punch:*
LONDON'S UNMUSICAL SEASON.
The following arrangements will be carried out in the course of the
present season, which, we hear, owing to Mr. Bass's most salutary
Bill, will be the last of the great unmusical seasons of London. The
subjoined plan will be only wholly and duly observed in the most
quiet streets of the metropolis; but persons inhabiting Squares, or
thorough&res possessing ample accommodation for itinerant musicians
on the pavement, wiU be gratified by the occasional iperformance of -
portions of the entertainment. Perhaps they would be more gratified
by the performance of no part of the programme whatever.
Pbogramme for quiet Street Musical Pebfobmance.
During the London Season.
Time of day. 9 a.m. — German boy and girl, solo and duet, accom-
panying thezuselvea on double bass and guitar. Introduction—
74
STREET MUSIC
Tuning for ten minutes : during this time, the educated amateur will
have much pleasure in noticing the laudable efforts made by the
double bass to get into the same deff with the guitar. Despairing
of ultimate success, and unwilling to keep their audience waiting any
longer, they play as follows : —
GniTAB.
#^ ^ir r r
s^
imoertain
note.
r
ditto,
only
more eo.
Probably the lui-
flnished com-
position of
some great
original ge*
nina.
DOUBLB
Sr' <g-JH»-2t^
In any time, according
to the fanqr of the
performer.
3
3^^
kc, &c., ad
liMtwn,
hazy
note.
This performance will last until 9*45, after which —
10 A.M. — Full German Band, with music-stands and a conductor.
Overture ....'.... Ouglidmo TdL
This last piece, though very fairly executed, at all events by com-
parison with other itinerant performances, frightens several horses.
This concludes at 10*30.
From 10 a.m. until 1 p.M. will be heard, at intervals, clearly or
faintly, according to the thickness of the walls, the two young ladies
in the next house, practising scales, Schubert's variations, operatic
music arranged as waltzes, galops, &c.
11 A.M. — ^Man with organ.
Air La mia LetitziOf
played very slowly, with whistling accompaniment, out of tune.
12 AM. — ^Man, without organ, but with monkey.
Air, performed by monkey, on cymbals . . Vagiie.
Firing gun by monkey, shouting by man, and other performances,
including a brSad-sword combat between man and monkey.
12*45 P.M.— Combination of talent Man with organ and monkey.
Tradesmen's boys cat-calling, and whistling reminiscences of popular
airs.
1*15 P.M. — During luncheon, organ with donkey. Seated cripple,
charitably supposed to be deaf, turning the handle, and old woman,
who collects money, and shakes tambourine. This organ is equal to
IN THE METROPOLIS. 76
tiiree entire brass orchestras of fifty performers, dmms, cymbals, and
triangles included.
2 P.M. — The In&nt German band, camposed of small dirty boys
evidently learning their notes.
Overture • . {supposed tohe) » . Guglidmo TeU,
2*30 P.M. — Indian musician with his tum tnm tum.
3 P.M . — ^Niggers, accompanied by admiring crowd.
8*30 — Solo . (Flageolet) Home Sweet Home, {Neio version,)
Street-boys whistling reminiscences as before.
4 P.M. — More niggers, in costume, with kettle-drums, a man with a
&lse nose, and a female singer.
^ Balcony Stalls (area railings) lid.
Pit (pavement) • . • id.
Dress Circle (door step) ......'..» 2d,
Private Boxes (upper windows, well filled with servants) ad lib,
5 p.M.s~Dancing Pony. Whip smacking. " Hi I Hi ! " " Hoop l"
Volunteer baud in distance, marching out to drill.
5'30 P.M. — Itinerant vocalists, distressed weavers, with singing
children.
Solo and Chorus . Fm Leaving Thee in Scrrow, Annie,
6 P.M. — Solo, violin.
7 P.M. — Grand Finale. Organ comer of street. Kiggers, new set,
with two extra voices, and a Leader, who squeaks shrilly. Oratorio
kind of organ opposite comer of street. Volunteer band in the
distance, marching home after drill.
The entire concert concludes punctually at 7*40.
8 P.M. — ^A PoucEMAN is socu slowly passing before the dining-
room window ; and all is still.
10 P.M. — Somebody going home playing accordion.
10*30 P.M. — Somebody else, whistling.
11 P.M. — Cats.
Such are the delights of the Great London Unmusical Season !
76 STREET MUSIC
To the Editor of " The Times:*
Sir,
Some years ago there was a grave onslaught against what
were called the " London cries ;'* that shouting of petty retailers as
they passed with their small wares, wistfully looking up at windows
and down into areas for the purchasers so summoned. It was
decided that " London cries " were a 'nuisance ; that they must be
put down. The Legislature was called upon to interfere with them,
and it did so. We did not actually clap on each street bawler a
** cap of silence/* such as the depofied King of Naples was censured
for employing, and which, be it said, en pasaant, was common in our
own prisons so late as the year 1818, when it was screwed on the
head of Denis Haggerty, to prevent his singing •* rollicking songs '*
in gaol, but we tranquillized our streets. The muffin-man no longer
ventured to add the harmony of words to the tinkle of his muffin-
bell. The shivering groundsel sellers stared silently at balconies
where birdcages hung. The dealer in hare skins and rabbit skins
communicated softly, like a spirit-rapper, with the cook. Watchmen
were abolished. People abed were left to guess what was the hour
and the state of the weather. They no longer heard through the
muffling folds of the counterpane the cry of '* Past two o'clock, and a
starlight morning," repeated by husky throats with a drowsy slow-
ness. London grew dumb. Only " Punch " was spared. I think it
was the late Lord Bessborough who rose in his place in the English
Senate and entreated for that time-honoured Italian importation.
The members present assented with much hilarity, and Polichinello's
solitary squeak was excepted from the general order of tongue-tying.
We put the " London cries " down. What have we got in their
stead ? With a ludicrous and lop-sided legislation we have silenced
our own petty traders, earning a few pence as they walked along, but
we consider ourselves compelled to endure the most deafening rows,
conducted for the most part, if not universally, by foreigners. Mr.
Babbage, one of the greatest scientific names known tp England,
complains in vain. Humbler persons complain in vain. Conceive
Arago or some French philosopher in Paris disturbed in his studies
by several relays of Highland bagpipes, and informed that he must
bear it for want of a law to prevent the infliction ! The amount
of annoyance to families is incalculable. They may be watching the
IN THE METROPOLIS. 77
dead, beginning a ^rvice of morning prayer, teaching their younger
members music or arithmetic — ^no matter, crash comes the " German
band." You pause, and -wait till it gets out of your street : crash
comes another band. Happy, indeed, if both bands do not play
at once.
'* But," say the upholders of this nuisance, ** your neighbour may
like this music." If my neighbour has the tympanum of his ear so
ill-constructed I can only pity him ; but his likiDg the discord by
which I am tortured is no reason why I should be forced to endure it.
My neighbour may wish to perfect himself in rifle practice, but he is
not permitted* to fire even blank cartridges across the street, or
to consider my area bell-handle as the bull's-eye of his target. If he
desires to hear that music let him admit it into his own hall. Let it
be heard, as all evil things are decreed to be heard, " with closed
doors." Let the bands play in open spaces to idlers in the parks, and
not under the windows of persons occupied, invalided, or bitterly
grieving. We are told, " Oh, but if there is sickness in the house,
you may order the musicians away, and, if they won't go, send
for the police." Can there be a more absurd reply ? Before the
angry order has been given and resisted, and the police have come to
dispute inches of distance, and order the band to ** move on " (two
doors ofif ), the mischief is done. I know a case of brain fever in
which the patient, after nights of delirious wakefulness, was at
length luUed by opiates to slumber. Not one of the weary watchers
in that room dared even to rise and leave it for a little repose lest the
sick man's sleep should vanish. In little more than half an hour
(it being then nine in the morning) crash comes the " German band,"
composed of. eight instrumental performers. Messages were sent
down in vain, and by the time "the police" had come, and the
vociferating foreigners had sullenly betaken themselves half a street
ofi^ the invalid was worse than ever, and his recovery indefinitely
retarded.
By what law, or want of law, is such impunity permitted? What
vested right in noise have these vagabond bands established ? We
order some poor old fruitseller off as " obstructing the public way."
Does that patient old vendor of apples and alacampane cause one-
hundredth part of the annoyance to any living creature that is
inilicted by a street band? Does she frighten horses, wake the sick,
disturb the mourner, trouble the occupied, and prevent, perhaps,
some man whose livelihood depends on his brain-work from earning
his daily bread ? If she and her apples can be removedi why is it
78 STREET MUSIC
impossible to interfere with the banging and beating of drmns and
tambourines and the roaring of brass bassoons ?
It is only a day or two since a hawker of newspapers was had up
at a police-office (after being in custody all night), chaiged by a
Belgravian footman with persisting in bawling out the supposed news
from America after that irate flunkey had ordered him to ** desist
from the annoyance " The hawker received a severe reprimand for
not being aware that there had been no decisive news &om the
Federals to justify his bawling. When shall we see a whole band
armed with their instruments, grouped before some Lycurgus of the
police, to be sharply reproached for their defective performance of the
music of Maria, and for not " desisting from the annoyance " when
called upon to do so?
Parliament is about to meet, and among the many small measures
that will take their chance of a hearing, in company with greater
and more important questions, surely some Bill might be passed, pro-
curing for that portion of the public to whom it is not a pleasure, but»
on the contrary, a grave injury and annoyance, to be pestered from
morning to night with incessant repetitions of discordant tunes, some
degree of peace and silence ? In my own neighbourhood I can safely
affirm that from nine in the morning till nine or ten at night there is
no cessation of torment ; and I earnestly suggest to Mr. Babbage and
other scientific men that the Legislature be called upon to defend
their rights of brain-labour by dealing with ** London bands'' as it
dealt years ago with *' London cries," and as the dauntless and
deafened. " Jeames " dealt with the sonorous hawker who was re-
proved for knowing so little and bawling so loud when sellmg his
newspapers in Belgravia.
I am. Sir, &c.,
Jan, 26. Chelone.
From ** The Owl:*
THE FRIEND OF TRANQUILLITY AND THE ORGAN-
GRINDER.
The following capital new version of George Canning's renowned
Sapphics, in the Anii-Jacdbin, appears in our elegant and £eicetioii8
little sixpenny contemporary, The Owl, of this day (No. 1004 !), but
just now published :—
IN THE METROPOLIS. 79
Fbdsnd of TbAnquillit7.
Seedy Savoyaid, wherefore art thou grinding ?
Bough blows the wind, thy pipes are out of order.
Old is thy tune, thy monkey is a nuisance.
So is thy organ.
Tiresome grinder, heed'st thou not the sick ones
Who on their couches restlessly reclining.
Tortured all day, must hear thy hurdy-gurdy's
Merciless strumming?
Tell me, Savoyard, how you come to grind so,
Did some foul fiend tyranically use you ?
Why don't the beaks or beadle of the parish
Thrust you in prison ?
Why can't some Babbase, for racking of his nerves, or
Beer-making Bass, for his ears distracting.
Or hardworked lawyer straightway pitch your little
All in a horse-pond ?
Have you not read the speech of Mr. M. Bass ?
Cheers of approval ringing through the Commons —
You and your chattering monkey must return to
Valleys of Savoy.
Obgan-Gbindeb.
Savoy, Lord bless you : why should I return there?
Only last night, while grinding on my organ,
This poor old chap and monkey got eleven
Bob in an hour.
Hall porters came up for to beg me not to
Make such a row, or they'd give me into charge : I
Laughed them to scorn, and asked them how tibey liked ** The
Ratcatcher's Daughter."
Babbage may rave and bluster, if he likes it,
Bass may make beer or speeches as he pleases,
I, for my part, wUl not budge unless you give me
Sixpence to move on.
Fbiend op TBANQmLLrrr.
I give thee sixpence t PU see thee d— — d first !
"^^^etch, whom no sense of nerves can move to pity.
Dirty, unshaven, pilfering, degraded.
Impudent outcast
KidkB the organ-grinder, upsets his organ, lets loose his monkey,
and exit in a transport of rage.
80 . STREET MUSIC
I conclude these extracts, showing the opinions of
the Press, with some very apposite remarks contained
in a pamphlet, published last year.
Obseevations on the Abuse op Toleration permttted to the
Itinerants who prowl about the Streets op London, with
Machines assuming to be Music played Mechanically by the
hand.
Their name is legion, for no one, save Sir Bichard Mayne and the
speculators importing these mendicants, is acquainted with the sources
of this enormous aggression upon the peace of London.
The grievance prima fade upon the tranquillity of the city cannot
be dissembled. It is begging ; but street begging is forbidden by law.
Thus, to evade it, an English beggar girl assumes to sell pincushions,
&c, ; but, in order to set the foreign organ-grinder legally afloat, the
Metropolitan Police Act assumes the box of mechanism he hawks
about to be music. • • » »
But, be they music or not, that ought not to disfiranchise the
inhabitants of a street, who dislike the invasion of its peace, of theu'
rights. » • • •
The exception in fevour of barrel-organ noise in our streets is
favoured by inconsiderate persons, on the assumption that some like
the noise, and others are indifferent to it.
It cannot be maintained for a moment that any inhabitant of a
street can be justified in setting up any pervading noise therein,
because he may have a taste for it, be it music or not. A stand may
be taken on this point, and that the author of it would be in the
abstract de f<uAo an aggressor upon his neighbours.
The toleration given by the Metropolitan Police Act, tramples on
the maxim which is in every Englishman's mouth — ^that his Louse is
his castle, and that his tranquillity therein, his most precious privi-
lege, is a myth ; for by that Act the householder is limited to the
power of ordering the organ-grinder to move on (unless the former
has a sick inmate) ; but the latter can deride this degree of relief by
the mere advance of a few paces. Then the supply of this so-called
music is such, that the next minute a confederate may succeed the
first aggressor ; and it is absurd to suppose that servants can be com-
manded in families in a degree sufficient to procure relief without
continual liability to torment. If the householder happens, perad-
IN THE METROPOLIS. 81
ventare, to have a mews or lane in the rear of his leddenoe, there
these intruders can enter. But, as to a sick inmate, the cruelty of the
Act towards- persons suffering from illness can be well established by
superabundant testimony, if a ComndiAee of Parliament shall be
granted. By day or night there is no remission.
It is true that the inhabitants of the largest dwellings in London
axe somewhat less incommoded from this cruel nuisance, by the fiict
of their houses being generally more or less inaccessible in the rear of
them ; but no one fayourable to organ-grinders will venture to say
that the less wealthy classes occupying the smaller description of
houses, or the inhabitants of lodgings, or shopkeepers, are not to be
considered, in what regards their comfortable existence, as much as
others who, by their wealth, enjoy herein an artificial protection.
Barrel-organs, and such like, operate as|a positive 'obstruction to
persons of moderate means, residing in any of the smaller or medium
streets of the metropolis, from receiving musical instruction in their
£smiilies ; for it is self-evident that the two things are incompatible.
If this be so, can the indulgence of organ-grinding here, there,
and everywhere, be defended by any regulation admissible in a
civilized country? Literary people, too, it is presumed, are well
entitled in this country to the assurance of their tranquillity within
doors.
On this branch of the subject every reader of the public papers is
familiar with the frequent instances of annoyance which have com-
pelled Mr. Charles Babbage to prosecute these perambulating
mendicants for the hindrance and interruption of his important
professional labour, oftentimes failing to bring home the vexations
he has had to endure, by the letter of the Police Act, but always
losing his important time— the woith of gold — ^balanced against its
flimsy and ephemeral penalties.
* * * •
To those who contend for immunity to Gennan or other bands of
street music, although their presence is an undoubted invasion of
right in the streets, it may be said that a band of music, be it good,
bad, or indifferent, can only play for a short period, or at reasonable
intervals. It must relax to take breath, and will never remain for a
long period, whereas a barrel-organ need never give repose to its
powers. It is never fatigued ; and, for twopence paid out of an area,
may harass and annoy the bond fide proprietors of a street, certainly
beyond the bounds which an Act of the British Parliament could ever
have intended or permitted when it was passed.
*G
82 STREET MUSIC
If any one partial to the indulgence of a barrel-organ wishea for
it, would it not be a rational enactment to proyide tliat he shall take
it into hiB house if he pleases?
In Paris, the number of these mendicants is strictly limited by the
**(yrdomuinc6 of the Prefect of Police," who extends this indulgence
exdushdy to Frenchmen, and can never be exceeded but by his
authority, and under many stringent regulations — ^while the London
public is inundated by an unnumbered horde of foreigners* and the
tastes, feelings, and its tranquillity are sacrificed by the unintelligible
latitude of the Metropolitan Police Act passed many years since.
Is it unreasonable to hope that an amendment might be intro-
duced to provide that, if the inhabitants of one-third of any street or
locality shall object to street music, so called, being permitted to enter
their street, they may be prohibited from doing so?
The writer of these observations, who is an inhabitant, regards
it more as a dream than as a possible reality, that Parliament should
have opened the metropolis to the inroad of a horde of foreign
mendicants, uninvited, to prey upon its peace for pelf^ and to throw
upon the inhabitants the onus of requiring the intruder to move on
and cease his aggression so monstrous in itself as not to be credible,
if use had not £unillarized it, and to have allowed this to go on
increasing untU it has become intolerable. Such is the condition to
which the latitude given by the Metropolitan Police Act has brought
us.
Should these observations &11 under the eye of our Gracious
Sovereign, what would she think when it was exposed to her that no
retirement can be found for domestic affliction, none for delicate
health, none for feeble nerves, no protection in private dweUings
against the brutal teasings of an instrument constructed to destroy
tranquillity, and turned loose into the public streets to harass and
distract the people in their industry, avocations, and callings, with
the authority of law, which it should be the purpose of law to foster
and protect?
IN THE METROPOLIS. 83
CHAPTER Y.
PABLIAMENTART PBOOEEDINGS.
I MIGHT multiply the reports of Police Cases and
Articles from the Newspapers and Beviews given in
the preceding Chapters, to almost any extent ; suf-
ficient has been given to prove the total inefiSciency of
police intervention. It was this conviction of the
magnitude of the evil and the helplessness of the
Tictims to organ-grinders and brass bands, that in-
duced me to take up the question last Session ; which
I did by moving the following resolution : —
^ That it is expedient to reconsider the law on
this matter (street music) at the earliest oppor-
tunity."
HOUSE OF COMMONS DEBATE ON STREET MUSIC.
July 17, 1863.
Mr. Ba88 was sorrj that fhe diyisioii had prevented ^him from
making the motion of which he had given notice in regard to street
music. The inconyenience and horroTB of that nnisanoe were known
toeyeijone. Street music had become so intolerable that it was
desirable at any rate that the law on the subject should be more
precise and better known than at present From early morning till
late at night the inhabitants of the metropolis were annoyed by in-
cessant discords. Bands were continually playing north, south, east
84 STREET MUSIC
and west. That very morning he found four all at work together in
Eaton Square and its neighbourhood, one in front of the residence of
Sir Richard Mayne, and another before that of the Home Secretaiy.
It was a real hindrance to the serious business of lif& Men engaged
in severe mental occupations, like Mr. Babbage and others, were
actually unable during the greater part of the day to continue their
studies. Mr. Babbage had told him that one-fourth of his time was
consumed by the hindrances occasioned by street bands, and that in
the course of a few days he was interrupted 182 times. People were
even driven from London by the street bands, which consisted for the
most part of a set of foreigners hired by othen who made a liveli-
hood out of them. The late Lord Canning told Sir Richard Mayne
that on one occasion, when writing a despatch of great importance^
a serious error occurred owing to the nolae created by a band under
his window. He himself that very morning was awoke out of his
first sleep by a street band, and during the course of the day he waa
frequently disturbed when engaged in his correspondence. It might
be said that if the bands were not paid they would not exist. HjLb
own opinion was that people gave them money, not because they
liked the music — nobody could like it — ^but in order to get rid of
them. Their number ought at least to be limited, and the inhabi-
tants of such districts as did not desire them should have some
means of relieving themselves from an intolerable nuisance. At
present nobody seemed to know what the law was, and consequently
he invited the House to take the matter into its serious considera-
tion.
Lord Febmot maintained that the existing law was sufficiently
stringent. Mr. Babbage had put it in force on several occasions,
and had punished, he thought unjustly, a great many poor
musicians. There could be no doubt that if street music were not
enjoyed, it would not be provided ; the fact that the bands were
paid proved that they were liked by large numbers of people, and
no person had a right to interfere with the innocent tastes of his
neighbour. If street bands were put down, many other things must
follow. Huge drays full of beer-barrels, even though the name of
*' Bass" might be inscribe^ on them, were a serious annoyance and
iuconvenience« and some people might say they ought not to be
allowed to pass through the streets in the daytime. The fsuct was,
however, that the streets must be free for all legitimate occupations.
He hoped that in another Session a measure would be brought in,
not to suppress street music, but to provide places of recreation in
IN THE METROPOLIS. «5
tlie metropolis to which the lower and the middle classes could go
to hear bands play.
Mr. 0. Bentinck could not admit that because these street bands
were paid they ought to be tolerated. The same argument would
sanction mendicancy, because there were many persons who gave
money to beggars. Not being a man of taste, he had suffered a
great deal from street bands. He lived in a thoroughfare haying a
large square at one end and a street at the other, and which was in-
fested with bands, organs, wandering minstrels, negro melodists, and
every species of musician. One band sometimes played fifty yards
to the right of his door, another played at an equal distance to the
left, with wandering minstrels performing in between. If one man
in a whole street liked this music or this noise, ^that was no reason
why all the other inhabitants should be annoyed. If the noble lord
the member for Marylebone were to engage a band of Garibaldi's
followers to play in his house all day, and disturb his neighbours, his
neighbours could recover damages against him. Why, then, should
a man be allowed to create a disturbance in the public street which
would be a breach of the law if created in a private dwelling ? The
Act said that a householder might cause an itinerant musician to de-
part, and that if the musician refused, he might be fined a sum not
exceeding 408. But if the householder himself happened to be
absent, a lodger or any other person in the house could not dismiss
the street musician ; and lodging-house keepers often lost their
lodgers through this nuisance. But even if the housekeeper were at
home, a policeman had to be found — a matter of extreme difficulty,
especially in the daytime. Again, when the musician was taken,
before a magistrate, it was necessary to prove that the housekeeper
had a ** reasonable cause '* for ordering him away ; and magistrates
were not agreed among themselves as to what was a reasonable
cause. The words of the Act were, he believed, ** the illness of an
inmate, or any other reasonable cause." Street music not only pre-
vented people from obtaining rest and quiet, it disturbed them when
making calculations, or even when studying their speeches. How
disagreeable, for instance, it must be to the noble Yiscount, when
pireparing the business of his office, to be disturbed by a street band
playing " Awa* Whigs, awa'." The Act should be amended by
striking out the condition as to the illness of an inmate of the house
and any ** reasonable cause,'* and by enabling the inmates to order
off street musioJans at their own will whenever they experienced
ftimoyance^
86 STREET MUSIC
Mr. Malinb thought that every man ought to be {xroteetod in the
peaoefdl enjoyment of his own home. That, howeyer, was more than
he could obtain in the square or parallelogram in which he lired. He
frequently had to endure a grinding organ on one side and a noisy
band on the other. As to preparing speeches, he was not in the ha-
bit of troubling the House often ; but he had work to do at his own
home which inyolved a great deal of reading and study, and he de-
clared that he had seriously entertained the notion of living away
from London in consequence of these nuisances. He ofleu told his
servant to send away street musicians, but they only moved off a fbw
yards, and it was of no use trying to stop them. He had no help for
it but to wait till 11 at night came, when he might expect to have
quiet ; but even then, he must confess that his neighbourhood was
sometimes fitvoured with a round of the **01dHimdredth," beginning
about 11, and ending at half-past 12. That was no really laughing
matter. He could not get on with his work unless he set about it
very early in the morning, before the street musicians were up. The
organ-grinding was the worst nuisance of all, and the Under-Seore-
tary for the Home Department ought to do something to put it down.
Mr. Bbuob said the hon. member for Derby liad very vividly por-
trayed his sufferings from street music, but had not given them the
slightest inkling of his opinion as to the proper remedy for the eviL
There were only two remedies available which were not already en-
forced ; one of them was to prohibit all street musio under any circum-
stances. It was said that bands were not so bad as organs ; but it
was well known that in many parts of London crowds of children
gathered round the Italian organ-grinders. What might be unac-
ceptable at the West-end, was very popular in other districts. It was
all very well fer those who dishked, or who possessed a very refined
taste for, music, to seek to do away with the bands in the streets ;
but with the great majority of the population there was no doubt
they were popular. Indeed, he felt sure that if the hon. member for
Derby were to poll his ovm household he would find the greater num-
ber of votes recorded in their &vour ; and he did not think it, therefore^
desirable that it should be placed in the power of every churlish per-
son, or every man who happened to be busy, to drive music out of
the streets. There were, he admitted, drawbacks under the existing
system ; but it became those who complained of the aimoyance occa-
sioned by those bands to take care that the remedy which they sought
to provide was not worse than the evil which it was proposed to cure.
It had been said that the words " reasonable grounds'* were tincer*
IN THE METROPOLIS. 87
tain ; but if, for instance, a member of the House, returning from the
difloharge of his duties at 3 o*olockin the morning, were to represent
to the policeman in the neighbourhood that he required to sleep to an
hour long before which persons were in the streets, there could be
hardly iiny doubt that that would be regarded as a ** reasonable
ground " for preventing these bands from playing so as to disturb
him. So it was decided that interference with the labours of Mr.
Babbage, a man of science, was a "reasonable ground" for regarding
the bands in the light of an annoyance. That being so, he could
not undertake, on the part of the Government, to say that they would
be prepared to interfere with the law as it stood.
Sir J. Shbllet rejoiced to learn that the Government had arrived
at ike decision which his hon. friend the Under-Secretary had
announced The hon. member for Derby, he contended, was
entirely mistaken in supposing that the inhabitants of the metropolis
wars opposed to music. In support of that view he might observe
ibat le, as tiie treasurer of the Begenfs and Victoria Parks' bands,
oould state of his own knowledge that those bands were now self-
supporting, although there was in the first instance great difiQculty
in establishing them; and if any gentleman would visit either of
these parks on Sundays he would find there crowds of well-dressed
persons listening to the music. We should have, indeed, a solemn
metio^lis if his hon. friend's motion were carried. There would
be no life, no pleasure, no amusement
I GO not think the noble Lord the Member for St.
Marylebone would repeat, after the perusal of this
volune, the allegation he made in this debate, viz.,
** Thdt there never had been an instance proved of their
(the ^eet musicians) being a mdeance'*
THs debate last year in the House excited a good
deal of attention. Suggestions were made, which I
have since carried out, for testing public opinion ;
one, that of collecting the opinions of dififerent classes
of the community, as suggested in a letter published
last year, which I here give : —
88 STREET MUSIC
To the Editw,
Sib.
Neither Mr. Bass nor any other Member will probably be
able to abolish the intolerable nuisance of street music unless be
enlist the aid of the medical and scholastic professions. Let a requi-
sition be signed by some hundred members of the faculty,' of the bar»
and of the educational professions, testifying to the wear and tear of
mind and body — ^to say nothing of the waste of time — caused by street
music, and even the most obtuse in the matter will be found to
recognize it rs an evil which, like every other nuisance, ought to be
checked, on the simple and acknowledged ground that one nian's
pleasure is not to be to the hurt of his neighbour.
Lord Fermoy and Sir John SheUey should speak for themffilves*
and not for the public, when they assert street music to be agreeable
to the majority of the inhabitants of the metropolis. If those gentle-
men delight in the discord which will set even dogs yelling, they are
welcome to the private enjoyment of their peculiar tastes ; but do not
let them suppose the oral infirmity under which they labour, and
which cheats them into the fond delusion that diabolical discord is
music, is shared in by other people who have ears to hear witi, and
suffer accordingly.
In no European country but England is street music tol^ated,
except during the great annual fairs.
I repeat, let medical men bear testimony to the suffering |>nd the
danger to their patients, in certain forms and stages of diseluse and
debility, by the persistent noise of discordant bends and gtinding
organs — ^let the student and the artist — ^the teacher and the taught—
the professional men who have to gain their living in London by tibMB
exercise of their brains, bear witness to the annoyance, the initation,
and the waste of valuable time caused by the discordant nois4 in our
streets morning, noon, and night, which my Lord Fermoy itnd Sir
John Shelley are pleased in their exquisite taste to caU. music (
Let Mr. Bass collect such unanswerable evidence of the naisance
as will convince even the most indifferent that it is a nuisance in the
most comprehensive sense of the term^ and quite as destructive to
health, comfort, and quiet, as had emeUs, had drainage, aid the
proximity of disorderly houses ; and, therefore, equally requiring to
be done away with through the interference of the law. We do not,
I think, generally take into consideration the £a.ncies of maid-sermnts
and children when framing various enactments for the health and
m THE METROPOLIS. 89
convenience of the public ; and, therefore, I would aak Hon. Members
a plain question : Is any portion of the community to suffer in mind,
body, and pocket because maid-servants and children delight in organ-
grinding ? Are those whose time is valuable to be subjected to the
loss of it because Betsy and Sally, and their young charges, whoee
time is not valuable, rejoice in street music ? The thing is prepos-
terous, and the wonder is that it has been allowed to continue so long,
unless it be accounted for on the principle that what is everybody's
business is nobody's business. It is to be hoped, however, that
s(xnething will be done, and done effectually — no half measures wiU
do in a case of this kind. Even good mmie may be a goijrce of
annoyance to those who are ailing. Who shall describe the oral
misery inflicted by organ-grinding and bands, of which every
instroment is out of tune ?
If people wish for music in the open air let certain places and hours
be appointed where good bands may have a fair chance of being
heard without annoying others ; but, for pity and music's sake, let
organ-grinding and psalm-singing be banished every town and vUlage
iu the United Kingdom as an unmitigated nuisance.
If Mr. Bass will only persist in his endeavours to remedy this
outrageous plague he will earn the thanks of thousands upon thou-
sands whofie peace and comfort is at the mercy of swarms of foreign
vagabonds. The deaf are the only ones exempt from it
One of the Tobmented.
July 18. '.
I enclose my card.
DuDLET aYilla, 33, Gbove Ekd Boad,
St. John's Wood, N.W.,
July 20, 1863.
Sib,
I AM one of the, I suppose, thousands who heard with bitter
regret the issue of your valued attack upon those outrageous dis-
turbers of our peace and of our studies, the brass bands and hand-
oirgans.
I would beg of Mr. Bruce to satisfy himself that the payers and
supporters of this noise are the poor ; — ^to see if they are not our own
idle, coarse-minded flunkies. But if that noise do really gratify the
lower orders, well, let it be sent to their streets, or to the doors of
90 STREET MUSIC
public-houses, where those loud sounds will find congenial listeners ;
but why people in intellectual occupation should not have the right
qC in the most summary way, dismissing such from their quiet streets,
where the noise becomes, from that Yery quietness, intolerable, I
cannot understand.
Sir John Shelley let out, I suppose inadvertently, the best proof
of the needlessness of that so-called music's intrusion on our quiet
Gftreets, when he spoke of the parks, for there the very poorest can
have such music gratis.
But does that music really benefit the lower orders ? does it not
lead them more and more deeply into a fisdse and coarse way ?
It has been well remarked, that in this country the general love of
noise is a great bar to our appreciation and enjoyment of music ; and
does not this noisy interruption of all inteUeetual ptirsnits at the
same time strengthen, particularly to the lower orders, this debasing
propensity, and really lead them away from true enjoyment ? it is
indeed a sort of sounds fitted only to accord with the low wrangling
and shouting in a tavern.
It is vain for Gtovemment to take expensive measures for human-
ising and refining our lower orders, if they themselves will actually
advance and defend such gross enemies to true refinement. Let us
all think of the powerful influence of sounds upon our minds.
A musical friend of mine showed me that hand-organ music cannot
well be called music ; that, although it might be true in time and
tone, yet its mechanical monotony lacking all expression — tiie first
and the most important feature in music — ^is subversion of good
feeling of any kind.
Among literary pursuits hurt by this goodrfor'tioOUng nuisance,
sorely those imaginative, such as of a musical composer or student, a
poet, an adist in the conception of his subjects, should be considered ;
of them this interruption is absolutely destructive. I thought that
oar Legislature did not allow any one man, or party of men, to pursue
thfiir own enjoyment to the hurt of their neighbours; and the hurt
hero is rather serious.
Pray make what use you please of what I have written, if you
deem it useful ; and let me subscribe myself Sir,
Very obedientiy yours,
M, T. Bass, Esq., M.P. 'Jno. Bell.
IN THE METROPOLIS. 91
From the ** Examiner"
THE GREAT STREET NUIBANOE.
]I£b. Bass, in the House of Gommonsi has not at skll overstated the
nuisance of street mosic in his speech of Friday last:
** From early morning till late at night the inhabitants of the metro-
polis were annoyed by incessant diMords. Bands were continnally
playing north, south, east, and west That very morning he ibima
four all at work together in Eaton Square and its neighbourhood, one
in front of the residence of Sir Ricnard Mayne, and another before
that of the Home Secretary. It was a real hindrance to the serious
business of life. Men engaged in severe mental occupations, like
Mr. Babbage and others, were actually unable during the greater
part of the day to continue &eir studies. Mr. Babbage had told him
that one-fourth of his time was consamed by the hindrances ooca-
sioned by street bands, and that in the course df a few days he was
interrupted 182 times. People were even driven from London by
the street bands, which consisted for the most part of a set of
foreigners hired by others who make a livelihood out of them. The
late Lord Canning told Sir Richard Mayne that on one occasion,
when ?rriting a despatch of great importance, a serious error occurred
owing to the noise created by a band under his window. He him-
self tibat very morning was awoke out of Ins first sleep by a street
band, and during the course of the day he was frequently disturbed
when engaged in his correspondence. It might be said that if the
bands were not paid they would not exist. His own opinion was
that people gave them money, not because they liked the musLe —
nobody could like it — but in order to get rid of tiiem.'*
To this the representative of the borough most tormented by the
nuisance. Lord Fermoy, flippantly replies, that if street music w6ie
not enjoyed it would not be provided ; that no one has a right to
interfere with the innocent tastes of his neighbour : and that the
streets must be free for all legitimate occupations. All these
remarks are wide of the point The organs and brass bands get
quite as much by displeasing as by pleasing, many people being
Unwise enough to give hush-money. It is perfectly true that no one
has a right to interfere with the innocent tastes of his neighbour,
but tL taste for quiet is entitled to as much respect, at least, as a
taste for discords, and as it is one of the soundest maxims of law to
use your own so as not to injure others, our neighbour has no right
to indulge his taste for the hurdy-gurdies, or the squeaking and
grunting of brass bands, to the interruption of our occupation. His
idle pleasure is not to stop our necessary business.
92 STREET MUSIC
Lord Fermoy truly says, that the streets must be free for all
legitimate purposes. The streets are for traffic and communication.
The streets are not for orchestras, or stages, and to turn them to such
usages ia an abuse permitted in no capital in Europe but unhappy
London. A fruitwoman is not suffered to place her basket on the
footway, but a dozen German vagabonds may form a group, set up
their music-stands, and torment a neighbourhood with sounds like
those of the pig, to which they are so near akin. Well observes an
Old Lawyer in The Times :
** Every public road or street belongs to the Sovereign, as embodying
the nation, and is accordingly called the King's or Queen's highway.
The interest of each individual is limited to a right of passing and
repassing over such highway, and he is no more entitled to use it for
business or amusement thaii he is to build upon it or dig for ore
beneath its sur&ce. Hence, the keeping of stalls for sale is illegal,
and, though often winked at, is sometimes denounced and punished.
Hence, the police are justified in desiring you to " move on " if you
loiter, in looking at a shop-window or conversing with a Mend, so as
to bar the progress of passengers. A fortiori, a band of musicians
has no locue standi on the ground.
•* There is, in my neighbourhood, a right of way over a gentleman's
park. But I have only the privilege of passage, and none of remain-
ing on the path for the purpose of reading, sketching, or playing the
violin.'*
The Under Secretary of the Treasury thought the bands popular,
and therefore that it ebould not be in the power of any churlish or
busy person to drive them from the streets. People, then, whose
bread depends on their being busy without interruption may starve,
in 'order that servant-maids and pot-boys may enjoy the hideous
sounds miscalled music. Midas's ears are to be indulged at any
cost. But if noise has a licence, what bounds can be set to it?
Marrow-bones and cleavers may daim their right to a hearing, and
to a musical ear they are not more offensive than the discords of
braying brass instruments. The Mlacy of all the defence of the
street nuisance lies in the assumption of music. If it were music, we
do not want music at all hours of the day, and the thing out of
season, and clashing with serious occupations, would be intolerable ;
but very little of the blowing and grinding is music, and what is bad
succeeds in the way of extortion quite as well, perhaps better than
what is good in the way of pleasing. There is a notorious gang of
German boys, for example, who all play out of time, and make so
detestable a Dutch concert, that people, unwilling to put such,
IN THE METROPOLIS. 93
tirohiiiB in the hands of the police, give them money to take their
nuisance elsewhere.
Mr. Bruce thinks it impossible to amend the law relating to street
nuisances, and that the vague condition of ** reasonable grounds of
objection " is sufficiently good. But this vague law is neither just to
the tormented nor to the tormentors, for how are the grinders and
blowers ordered away to know whether your grounds of objection to
their noises are reasonable or not ? How can they tell whether yon
are entitled to quiet because you are a mathematician at your studies,
or an author at his composition, or a merchant at his accounts, or a
sick man in bed ? And, after all, the construction depends altoge-
ther on the humour of the magistrate. It should be enough that the
noise is disliked. Oh, but, says Lord Fermoy, the noise of a dray is
disliked ; but the noise of the dray is incidental, a necessary conse-
quence of the movement of the dray ; but the noise of a decayed organ,
or of the braying of brass instruments, is made for no object of busi-
ness or industry.
Not to be behind the Member for Marylebone in the defence of
what is adverse to the peace and interest of London housekeepers. Sir
John Shelley rejoiced in the determination of Government not to
give better protection against street nuisances, and declared, with
something that sounds like the bray of one of his fiivourite instru-
ments, that if Mr. Bass's motion were carried there would be no life,
no pleasure, no amusement in the metropolis. ' Imagine the life,
pleasure, and amusement of hurdy-gurdies, cracked organs, and
tuneless horns 1
From a town enlivened in this choice &8hion many people whose
occupations or health require quiet are being driven. The &8tidiou8
refugees will not be missed, and can be spared. Lord Fermoy and Sir
J. Shelley may say ; but of the Member for Marylebone and the Mem-
ber for Westminster it may also be said that they can be spared and
will not be missed. And at the next general election they will be
called to account by housekeepers, tradesmen, and landlords, for
lodgers, customers, and tenants they have respectively lost through
the nuisance protected by their representatives.
In curious contrast to the treatment of street music is that of street
preaching. The Eev. Mr. Hibbs was taken into custody and brought
before Mr. Corrie, at Bow Street, for preaching in Waterloo Place on
Sunday. The inhabitants of the neigbouring houses complained that
tliey could not endure the noise made by half-a-dozen preachers, and
were obliged to keep their windows closed in the hot weather. They
94 STREET MUSIC
were not required to show reasonable cause of objectioo, it wa«
enough that they did not like the noise. So arbitrary an objection
could not have been allowed to prevail against the braying of half-a-
dozen horns in the hands of as many vigorous Gennan vagabonds.
But as preachers, not blowers, were concerned, the magistrate laid
down the right principle, that it is illegal to use the streets for any
purpose except that for which streets are designed — ^thoroughfiue.
And Mr. Gorrie added, —
** It must be obvious to the defendant that if he were permitted to
preach, the same privilege might be claimed by persons who did not
beUeve in religion at all.**
This is quite true ; but so, too, if music is permitted to the annoy-
ance of inhabitants, sounds that are not musical, but the very con-
trary, will assail our ears; and as preaching religion may let in
qpouting infidelity, so the counterblast to bi^ss bands may be the
80w-gelder's horn, or the marrow-bones and cleavers may wind up
the concert The parallel should be exact, but the law is fiur more
indulgent to the grating sounds of bad instruments than to the nasal
twang of preachers.
A witness for the defendant brought a terrible charge against the
AthensBum Club, which certainly does not sin for want of clergy, it
having many bishops and dignified divines among its members, that
is to say, archbishops, 3 ; bishops, 21 ; deans and other clergy, 156 ;
judges, 25.
**A Mr. Brook, of Skinner Street, proved that he had heard the
d^endant preach in the open air, and oelieved that great good had
resulted from his addresses. As for the AthenfiBum Club, it was well
that they should close their windows, and their blinds too, to hide
their profiEmity, for they read newspapers on the Sabbatii day, and set
a frightfol example to others.*'
The example is an excellent protest against Puritanism, and
thoroughly in accordance with the Christian observance of the Sab'
batb« in contradiction to the Pharisaic Judaic.
Had I foreseen the responsibility I incurred in
taMng up this question, the deep anxiety which is
felt for the success of my Bill, I should certainly have
IN THE METROPOLIS. 95
shrunk &om the task On moving for leave to bring
in my Bill* this year, on the 3rd of May, I again
encountered the opposition of the noble lord the
Member for St. Marylebone, who stated that " It
was my wish to abolish street music altogether/'t
The following remarks of the Examiner on my Bill
will amply repay perusal.
From ihe " Exandner"
THE STREET NUISANCES.
We have to thank Mr. Bass for bringing in a BUI to protect
the public against the noisy nuisances now infesting the streets.
The existing law leqnires reasonable cause for the removal of vaga-
bonds playing on grind-organs, or brass-instruments of torture. But
magistrates differ as to reasonable cause, and Justice Midas is of
opinion that no one can have reason to complain of the sweet soimds
fitom a decayed hurdygurdy, or the alternations of grunts and squeaks
oi a brass band. Another magistrate thinks only sickness or mathe-
matics reasonable cause. A tUrd holds the right opinion, that the
streets should be kept to their right uses — ^traffic, and that there ib
reasonable cause for stopping the conversion of them into orchestras,
or we should rather say, places of abominable discord.
What Mr. Bass proposes is to extend protection to serious occupa-
tions which will not bear interruption ; but, as Sir F. Oossley observed.
* Fu76 BiU in Appendix.
t HOTTSB OF Ck)MMONB, 3bD MaY. DEBATE OS StBEET MuSIC
(Mstbopolib) Bill.
Mr. Bass having simply moved for leave to bring in a Bill for the
better regulation of street music within the Metropolitan Police Dis-
trict, thereupon resumed his seat, but, in deference to a cry of
"Explain," the Honourable Member again rose and stated that he
96 STREET MUSIC
people have a right to something more, and ought to be allowed to
live in the houses they pay for in peace and quiet. Because a house-
holder happens not to be a calculating machine, he is not to be
tormented with noises from daybreak to midnight. He has a right
to as much quiet as consists with the necessary traffic of the streets.
There is a time for all things, and the choicest music intruded upon
the ear at every hour of the day would be intolerable, much more so
the drone of hackneyed tunes by decayed organs, or the grunts and
squeaks of a herd of filthy Grerman swine.
Unhappily, nature has provided no defence against this crying evil.
We can shut our eyes against disagreeable sights, we can stop our
noses against bad smells, but we cannot stop our ears against the
assaults of discordant sounds. The sense of hearing is completely
at mercy, and no mercy is shown it in this vast, ill-regulated town.
In Paris, no street music is sufifered on any pretext, and if people
choose to have it, it must be in their houses or court-yards. And
our own Legislature has admitted the principle that some considera-
tion is due io the ears, in suppressing the dustman's bell ; but what
based the necessity of his measure on .one particular ground. A
street musician could be sent away on the ground of illness in a
family, or any other reasonable cause. The magistrates of the me-
tropoUtau district differed, however, as to what was "reasonable
cause," and what he desired was to specify what ought to be so con-
sidered. He did not propose, wliUe doing this, to Interfere with the
reasonable recreation of the people.
Mr. Maguike would like to know what class of music the Bill re-
ferred to, and whether the Honourable Gentleman proposed to legis-
late in the spirit of Professor Babbage. He should have preferred a
measure to cover 4;he whole question.
Mr. Roebuck said that this was properly a matter of police, and
the magistrate ought to have power to determine what was a nuisanoe
and wluit was not. The police ought to be armed with the power
of protecting society in this matter ; and he would put it to the
Home Secretary whether that was not the rational mode of meeting
the difficulty. A lady or gentleman might be very ill, and a man
would come there with a loud organ, knowing that his music would
be bought off, and intending to come back. If the Legislature
would give the police magistrate the power to regulate the street
music by means of the police, they would do much for the quiet
and conifort of the metropohs.
Sir G. Gbey said the police might be called upon to remove
IN THE METROPOLIS. 97
was the annpyanoe of that bell to the detestable noises that have
aaooeeded it? and the bell was not ringing eyeiywhere horn sunrise
to midnight.
The street nuisance is defended in Parliament by two lineal de*
scendants of Midas, Sir John Shelley and Lord Fennoy ; and on Mr.
Bass's motion the latter brayed a bray that the attempt was to
suppress street music, and to interfere with the recreation of the
people.
The people, in the common sense of the word, have no interest in
the matter. The brass bands and organs, the Savoyard and German
vagabonds, are not to be found in the alleys and courts, but in the
squares aud handsome streets. The German gangs are not paid in
pence, but in silver and gold. If your wife or daughter is on a sick
bed, or your mother dying, you cannot buy her quiet at a less price
than half a sovereign. The organs are more moderate in their
extortions, in proportion as their power of annoyance is less, but you
must pay both, and all day long.
There is a gang of German boys that has carried extortion to
great perfection by having instruments excruciatingly out of tune
musicians not only in the case of illness, but from any other reasonable
cause. It was well known that Mr. Babbage alleged, and the magis-
trates ag^reed with him, that he was engaged in ptu*suits which street
music was calculated seriously to disturb. The poHce magistrates,
however, sometimes dismissed charges of that kind if they did not
consider them reasonable. He was anxious to see the Bill, that he
might know how the Honourable Gentleman defined what was *' a
reasonable cause."
Sir J. Shellet thought it was the duty of the Government to con-
sider the subject well ; and if they were of opinion that street music
was a nuisance, then the Home Secretary ought to take the matter
in hand.
Lerd Febmot said the Honourable Member wished to abolish street
music altogether. As the law stood at present, there was quite suffi-
cient power in the hands of the police.
Mr. Atbton hoped the Honourable Gentleman would give an intel-
ligent explanation of the object of the Bill. He wanted to know
what the Honourable Member understood by a '* reasonable cause."
Sir F. Gbossley said the object of his honourable friend was this,
that where street music was not wanted, and the musicians refused to
go away, they might be handed over to the police. It had come
within his own knowledge that where persons were on their death-
H
98 STREET MUSIC
Their activity ia as gieat as their discord is intolerable, and they
make themselves heard, detested, and dreaded in every part of the
town. Yet there are people who mistakse even this perfoimanoe for
musics and who reward and encourage it, so that the trade is donbly
profitable, chiefly by extortion, partly by ministering to vulgar,
vicious taste. A musician, noticing that the band by which he was
tormented always played its fidse notes in the same places, called
the leader into his house the other day, gave him wine, complimented
him on the good playing of his band (whereat he looked uneasy),
and added, I have espedally admired the skill and regularity with
which you introduce your discords. **Ah," said the street band-
master, with a knowing look, ** zat is our business. It is by zat we
Hve."
A Persian Ambassador on his first visit to the Opera was in
raptures with the band when tuning the instruments, but when they
oonunenoed the overture to Figaro, he said: "This is poqr stuff
indeed, but what they oonmienced with was celestial music.*'
There are folks with this sort of taste, and who really like dis-
cords when they pierce their dull ears with a sharp shriek.
beds, and the musicians were desired to go away, they refused, and
the police, when called upon, said they had no power to interfisre.
When pec^le paid for their houses they ought to be allowed to Uvq
in them in peace and quietness.
Mr. Bass said he haa forborne to go at leng^ into the subject, be-
cause on a former occasion he had explained his views to the House,
and it was unusual for Honourable Gentlemen when introducing a
Bill upon well-known matters, to take up the time of Honourable
Membsrs. In the Metropolitan Police Act, ** reasonable cause " wa8
understood in different senses ; and he had been informed that the
magistrates themselves desired that what was meant by the words
should be more strictly defined. He was also given to understand
that the Commiamoners of Pohce were in favour of some such mea-
sure as he sought to introduce ; and the police felt themselves placed
in this difficulty — ^that they could not arrest the musicians when
they refused to go away, but could only summon them. What he
aimed at was to give the police power to arrest musicians who,
upon receiving notice, reftised to go away, and he held this to be
"reasonable cause," <iiat any person should be engaged in some
serious oocupaton whidi required to be carried on wi&out interrup-
tion.
Leave given.
IN THE METROPOLIS. 99
Some of the Gennans, it must be admitted, play well, bat the
greater number are mei« hom-blowers* or elae they know that it
matters not for profit whether they play well or ill, for that certain
.ears are as well pleased with bad as with good music, and that others
are to be tortured into buying off their tormentors.
It is curious to obsenre the parts of the town of which eomplete
possession is taken by the nulsanoe-mongers. Aiistocratio Dover
Street is derotod to them — organs, brass bands^ disgusting fellows
with blacked fsMses grimaoing and bawling negro melodies, are to be
found in that unhappy street at all hours of the day. We have a
suspicion that there is something more Ihan eztortiou in this dis^
graceful phenomenon, and that Fermoys and SheUeys abound in that
locality, and do not care to disguise the long ears that have come
down to them, and attest the ancient quarrel with Apollo.
I must now give some of the letters I have re-
ceived on the subject of my Bill, containing sugges-
tions and amendments. Some fear that nothing
short of prohibition of all street music will afford re-
lief ; others advocate the restriction of street music
to certain districts and within certain hours.
16b, Oij> Cavendish Sruiurr,
Ma^ 9, 1864.
My dbab Bbotheb,
In reference to the great London nuisance, I think the
aocnmpanying clause would meet the chief part of the evil. It
would not, indeed, abolish it entirely; but it would get rid of all
that portion which, both in quality and quantity, is most unbearable :
while it would have untouched all for which any sort of apology can
be offered.
A " skilled musician " may furnish tolerable music, while it is easy
to show, horn, acoustio principles, that an ordinary mnuioai mcuhtne
oonnot— though it possesses a forty-trumpet power of torturing
annoyance.
Something may be said for the " performer " who has devoted
time and trouble to acquire his art, whether it be a ** distressed cotton-
100 STREET MUSIC
spinner *' or only a " nigger minstreal ;" not so for the player of a musical
machine^ who, besides being without any special qualification, is
nearly always a vagabond foreigner, without claim on town or parish
in this countiy. He lives and prospers exactly as the professional
mendicant formerly did ; partly by extortion, partly by misplaced
charity ; partly by donations from people whose opinions should
have little weight — ^the children of visitors from the country— the
least educated of domestic servants, and the women of the town. It
is a gross mistake to suppose that the working classes generally
patronize him; as any one may be assured who will take the
necessary trouble in observation. The suppression of this worst
portion of the nuisance would be an immense boon to thousands,
while scarcely a respectable person would be found to complain.
Whether it would be good policy, at the present moment, to pro-
pose BO sweeping a change is a question I must leave to better
judges ; but the excellent regulations proposed by Mr. Bass would
still be required, and are, as I know from per^nal experience, most
urgently demanded. It may be, however, that some who would
hesitate to increase the authority of the police, or to give something
like an arbitrary power to individuals, would accept the regulation I
propose as a reasonable compromise between the apologists of street
music, and those who desiro its entire suppression.
Yours truly,]
M. T. Bass, Esq,, M.P. G. Smith.
P.S. — ^My landlord will write to Lord Fermoy on the subject, and
can get his neighbours to join him. He is quite satisfied that the
majority of the tradespeople will thank Mr. Bass as. heartily as any
of us. You are now one of Sir John Shelley's constituents, and
should attack him and get others to do so. These gentlemen must
not be allowed to say that their supporters are indifferent to the
question.
" Be it enacted, That eveiy person shall be liable to a penalty of not
more than forty shillings, who, within the limits of the Metropolitan
Police District, shall, in any thoroughfare or public place, sound
or play any barrel-organ, hand-organ, hand-piano, or any other
musical instrument which is or may be played by mechanical means
not requiring the management or manipulation of a skilled
musician."
(The usual clauses as to committal or forfeiture of instmment in
default to apply.)
IN THE METROPOLIS. 101
Ttiis would need to be put into proper phraseology. What is
proper phraseology would depend on the frame of the rest of the
Bill. *
30, Bedfobd Place, Bussell Squabe,
May i, 1864.
Bib,
Pebhtt me respectfally to suggest to you that some advan-
tage may arise from the introduction into your Bill on "street
music " of a clause, limiting the hours of performance — say from
10 a.m. till 6, 7, or 8 p.m., according to the season. It is possible,
such limitation may render the trade less profitable, and thus
^iminiflh the nuisauoe — a result few would regret.
I remain, Sir,
Yours very obediently,
Henby Cutleb.
M, T, Bass, Esq., 3f.P.
30, Chancebt Lane, W.C.
May 30.
Sib,
YoTJB Bill against the street music gives a remedy to " house-
holders " only, whereas I am merely the occupier of a set of chambers
here, and of apartments at the West End, for which I pay a heavy
rent to my landlord (the " householder "), who, living in the country,
cannot help me. He pays all taxes, &o. I have therefore no
remedy, either under the Police Act, or your BiU now before the
House.
AUow me to suggest the addition of a clause that the term * house-
holder " shall, for the purpose of such Act, include occupiers and
tenants of chambers and lodgings, who pay rent only in respect of
them.
Suffering as I do, in the exercise of my profession as a chamber
counsel, from the street organs, I feel very grateful to you for taking
up the matter at aU, and, in common with ninety-nine out of every
hundred people in London, most heartily wish you success.
Yours very obediently,
M. T. Bass, Esq., MJP. T. L'Estbanqb Ewen.
102 STREET MUSIC
21, Uppbb Southwick Street, Hyde Park,
8^ June, 1864.
Sib,
I HATE not had an opportanity of looking at yonr Bill for
extenuating the miaery produced by the street music. If it does not
contain a proyision for preventing these noises altogether early in the
morning and 1^ at |iight, I would suggest a clause that it should be
a misdemeanour to play before ten in the morning or after ten at
nigbt; and that any one so offending may at once be given into
custody. This neighbourhood is often disturbed as early as eight
a.m., to the utter prevention of family prayers ; and I am often woke
out oi my first sleep after ten by some organ-grinders or othesr
musical itinerant. I will say that the police, upon being spoken to,
have done all they can to step the nuisance late at night, but they^
cannot be in every street at the same time.
1 have the honour to be, Sir,
Your most obedient Servant,
M, T, Base, Esq., M,P, Jasies A. Mttbrat.
7, King's Koad, Bedford Row, W.C,
June 8, 1864.
Sir,
I TAKE the liberty of suggesting that aU street musicians
should be required to carry a licence and a conspicuous number,
similar to that worn by omnibus conductors. The public would thien
Identify men refusing to move on when requested ; and in case of
frequent complainte the licence might be revoked.
I have the honour to be. Sir,
Yours very obediently,
jr. T. Bms, Esq., M.P, J. H. Stallard, M.B., &c.
4, Stone Buildings, Lincoln's Inn,
llh June, 1864.
Sib,
Allow me to suggest the insertion in your Bill in relation to
street music of a provision to the effect —
That where a majority of the householders in any particular street
or locality shall, by a requisition in writing made to the District
IN THE METROPOLIS. 103
Board of Worlrs, express their desire that such street or locality shall
be altogether freed from annoyance by itinerant musicians, then
such Board shall cause notices, in English, French, German, and
Italian, to be set up in such street or locality, forbidding musi-
cians to play therein ; and it shall be the duty of the police, without
any complaint or movement on the part of any householder, to
prevent musicians from playing in all streets and localities in which
such notices shall be set up. Persons wilfully defacing such notices
to be liable to fine or imprisonment.
Begging to thank you for your endeavour to abate, what is to me,
a most intolerable nuisance,
I am. Sir, yours obediently,
M. T. jBom, Esq., M.P. E. Chestteb Jokes.
Eennikoton Cboss,
17ih May, 1864.
Sib,
Should you succeed with your Street Music Bill, you will
earn the thanks of a large body of great sufferers.
I fear, however, the only effectual remedy is a compulsory regis-
tration of all street musicians, so that they may be summoned by
their tickets — a clause to effect this could raise little objection,
and would be most serviceable.
With regard to the clause you propose, permit me to observe that
it leaves still open three loop-holes : —
1. If an organ-grinder gets within a forecourt, he laughs at you.
He is not playing *' in any th(»oughfare.*' A good house in my
neighbourhood stood absolutely deserted for years, the owner having
been driven away through an ill-natured neighbour availing himself
of this defect
2. I apprehend the poUoe would still require to have heard the
nuisance.
3. Some get off on the plea that the sufferer was not a house-
holder. I cannot see why lodgers' nerves are not equally to be
protected.
I beg to submit to you a copy of your Bill sent herewith, with
proposed amendments, to meet these three objections.
I am your obedient servant,
Samuel Shaen.
I am an old friend of Mr. T. Carter.
M, T, Bass, Esq., M.P,
104 STREET MUSIC
3, Pabk Bow, EinoHTBBBiDaE,
19f^ May, 1864.
Sib,
By the introduction of your BiU for the suppression of street
music, you are entitled to the thanks of all persons of cununon sense
and right feeling ; but I beg leave to point out an omission, quoted at
length on the accompanying sheet, which I take the liberty, of com*
mending to your attention.
I. am. Sir, your obedient servant,
A. Jebome.
M. T, Ban, Esq., M.P,
21, Hatmabeet,
25^ June, 1864.
Sm,
Being much interested in the success of the Bill you have in
hand to amend a useless inconsequent Act passed nearly a quarter of
a century since, relative to so-called street music, will you permit me to
ofier a suggestion which, if embodied in a clause, and carried out, would*
I think, be Hkely to assist its object in relieving the public from
what has now become a most intolerable nuisance, viz., ** Tliat no
street musicians whatsoever shall be allowed to remain stationary in the
street whilst playing on any instrument or singing, but be compelled
to keep moving while so doing " — subject to penalty otherwise. In
this unfortunate street we are more subjected to this annoyance than
elsewhere, in consequence of the number of liquor and refreshment
houses, aU, more or less, of bad repute, between whom and these
disturbers there appears to be some connectioD, as two or three
batches of them sometimes remain for hours before the doors of such
houses, entirely destroying the comfort of the better inhabitants. I
would also suggest that no music shall be permitted after a fixed
hour at night, say twelve o'clock, or eleven, or ten. The bands of
the Volunteers marehing through our streets even at dow time are
not annoying, being soon past, whilst they certainly play at least as
well as Uie ^corchewrs y^ho afflict us. I hope it cannot be alleged
that this proposal would, if carried, be an attack upon an industrious
class of persons ; the fact being that they become, as now permitted,
merely incentives to vices, which Sir George Grey seems desirous to
IN THE METROPOLIS. 106
reform by his proposed measare. I beg to apologise for intruding so
long a letter upon your time.
I am your most obedient serrant,
Geoboe Doubleday.
M. T. Bass, Esq., M.P.
P.S. — I beg leave to enclose a card of the firm to which I belong,
as my own name is not so well known.
The Times leader of May 19, 1864, and that of the
Citi/ Press, of June, 1864, take so just a view of this,
question that I must give them in full : —
The '* cries of London " were once a disagreeable peculiarity of
City life. Every branch of the petty commerce of the streets had its
own shout or howl, and the pursuit of customers appeared to have
developed itself into a competition of noises, each one more hideous
than the other. When the confusion became unendurable, a little
reflection on the matter discovered that the perpetual riot was not
necessiEtry even for the hawkers themselves. FinaUy, though not
without opposition firom the sentimental conservatism that dwelt in
regions never invaded by the discord, the nuisance was suppressed,
and the old London cries are things of tradition. Yet no one would
now contend that these trades have suffered any real injury by the
prohibition of the noisy manner in which they were formerly carried
on. The distribution of fruit, fish, and vegetables to those who
cannot market regularly for themselves, and do not open an account
with the established shop, is more extensive than ever. The ooe-
termongers' carts have increased in number, and the dealers have so
improved the quality of their wares that they can seek and fiud
customers in the very centre of wealth, round the Bank and the
Exchange, and we hear complaints of the extent to which they
- obstruct the most crowded thoroughfares by the space they occupy.
But if the new race of hawkers somewhat impede the traffic of the
City, they do not deafen ii» inhabitants with the cries that were
thought indispensable by the preceding generation of the dass.
The law has also silenced other noises that were thought essential
to certain kinds of business. The newsman finds he can exist
106 STREET MUSIC
without blowing a horn oontinnally, and the bells of the mnffin-
seller, the dust-collector, and the postman are abolished. Yet muffins
are still to be obtained, whole mountains of dust are duly removed,
and millions of letters are delivered as noiselessly as if the process
were one of the grand operations of nature. London has to do five-
fold the work of thirty years ago, and contrives to get through it
without the old needless uproar.
But what has been gained in one direction by a little wholesome
legislation has been lost in another. We are not persecuted in the
name of industry, but are almost helpless victims to severe annoyance
inflicted in the name of art There are whole districts of the
metropolis in which the inhabitants have to purchase peace and
quietness by a kind of black-mail levied by tribes of street musicians
as the price of silence. If the householders do not pay for exemp-
tion, they must endure a t(»ment that robs thousands of time,
temper, health, and the value of perpetually interrupted work. The
nuisance has not the excuse of being useftil to any class of the
population,, which tiie street traders of former times could plead.
And the mode in which payment is extorted completely reverses
the practice of honest callings. The object is not to give a certain
amount of pleasure, leaving the price of the performance to be
measured by the gratification oi the hearer. With a well-calculated
malignity, a depressing and pertinacious discord is created, the
cessation of which must be purchased with a fee. Nor without that
fee can the tormentor be silenced. 8ome of these performers have
actually established a tariff, and refuse to " move on " till their own
terms are given. This is neither more nor less than a form of that
«* sturdy mendicancy " with which the law deals in the most summary
manner. It differs in nothing fiom the practice of the Chinese
mendicants, who clatter strips of bamboo at the door of a shop-
keqier till they are got rid of by an alms. If not paid they will
create their disturbing din for any length of time, just as the London
organ-grinder will play his collection of discords three times over*
to wear out his victims* patience. It becomes a battle of endurance
on both sides, with this advantage on the part of the grinder — ^that
his infliction becomes less endurable every moment. But, while we
have the Chinese principle of extortion established among us, we
have not their remedy for the evil. The bamboo-player is bound by
custom to cease on receipt of the smallest piece of money current.
His Italian counterpart, in London, has been known to refuse a
shilling, as not sufficient to buy him off When the life or death of
IN THE METROPOLIS. 107
ODB of a fiunily depended on undisturbed repose, we have little
doabt the orgonman might demand what he pleased.
The pretext of offering " music/' however, has hitherto obtained
an immunity for this modem form of robbery. The omissions and
defects of the law appear to have reflected some confusion in the
minds of our legislators, many of whom do not yet believe that the
'* harmless art " is converted into a means of extortion. Full advan-
tage has been taken of the defective provisions of the Metropolitan
Police Act, which practically affords no means of checking the
abuse. A pickpocket, if only suspected, can be arrested and com-
mitted to gaoL The beggar who frightens the nervous passengers
with threats and curses till he obtains money can be handed over to
the police. But the ruffian who plants himself at your door, and
grinds you into desperatioD, defles both law and justice. He can-
not be given into custody. He must be proceeded against by sum-
mons. But his name and abode are alike undiscovefable, and if by
a rare chance they are ascertained, it is useless. His padrone sends
him on a country circuit, and the prosecutor is wearied into letting
the case drop. Even if it is brought before a police magistrate, that
functionary is often too full of doubts and scruples to convict. There
is a difficulty as to the *' reasonable cause " of complaint which the law
Requires to be proved. The difficulty of obtaining either redress or
protection is fully known only to those who have tried the experiment
Frequent appeals to the law have given the name of Mr. Babbage
almost as much publicity as his scientific labours. He has recorded
his disagreeable experiences in a pamphlet, which may help to decide
some uncertain opinions before Mr. Bass's Bill comes under discus-
sion. The sufferings narrated by Mr. Babbage may have been
more intense than those of the average of men. That is a personal
question ; but the manner in which his tormentors escape through
the loopholes of the law, plainly shows how they might be stopped.
There is no necessity to prohibit all street music ; but if it claims
toleration on the plea of giving pleasure to the hearers, the per-
formers ought not to be allowed to force it on them, and compel a
purehase of silence. The fetUacy that protects the abuse would be
detected in a moment if any other art were employed in the same
way. If another set of speculators persisted in holding up some
hideous and repulsive daub before your window, and refused to
remove it till paid to go away, they could scarcely be defended on
the ground that they were disseminating a taste for painting. A
similar exhibition of some carving, as distorted as an African idol, to
108 STREET MUSIC
compel a gift by creating disgost, would not be protected by assert-
ing the image to be sculpture. Exactly what these things would
be to real art, organ-grinding is to music. The ** reasonable cause "
of objecting to the abuse is easily found and defined. It should
simply be the dislike of the hearer, to any such infliction. Why he
dislikes it he should not be required to explain. Even good music,
forced on the ears at all hours, becomes an unmitigated nuisance ;
and what is purposely made atrocious that it may be more annoying
deserves no forbearance. The notice to "move on" should be
enough to obtain relief^ and cases of pertinacious refusal should be
dealt with as insolent mendicancy in spite of its disguise. The evil
has grown to a height that requires some check. A few plain
funendments of the Police Act would suffice for the purpose. A
more summary mode of dealing with this class of extortioners seems
to be all tliat is wanted. The cultivation of music would no more
suffer from a little more control over the organ-giinding annoyance
than the trade of London from the prohibition of the monster adver-
tising vans.
« CUy Press;' ^ June, 1864.
STBEET MUSIC.
The case of the Bev. Mr. Bodwell appearing before a magistrate to
seek the means of abating a nuisance of which the law takes no
cognizance, exemplifies the conditions under which all who are
engaged in thoughtful occupations must pursue their callings,
whenever there is a chance of an organ-grinder or a Glerman band
obtainiag a dole &om some fematia Mr. BodweU is engaged in
making translations from Oriental languages, and a neighbour of his,
who probably does not know there are Oriental languages, or students
and translators of them, indulges in the luxury of having an organ-
grinder within the garden-gate, and the hideous bowlings of the
instrument put a stop to Mr. Bodwell's work, and made him wretched
in his compulsory idleness. There are thousands of persons in this
metropolis who obtain their livelihood by occupations that render
quiet indispensable ; there are not only translators, and writers, and
calculators, but artists, inventors, teachers, and others, who have to
make a daily sacrifice of time, temper, and money, in order that some
lover of discords hard by may indulge in an uproar of bugles played.
IN THE METROPOLIS. 109
out of time, or of liagpipeB, hurdy-gurdies, organs, drums, and other
instruments of torture. How many of the sick and dying are daily
harried by such abominations, it would be painful even to conjecture ;
for though the law does forbid street music under certain conditions
yet the conditions are such that the whole anny of peripatetic screechers
and growlers enjoy an almost perfect immunity from interference,
whether for the rest of the sick, or the studies of the philosopher.
That the law needs amendment, is made evident by daily experiences.
The di£9culties of instituting a prosecution have been so many, that
the street musicians have been encouraged, not to play well, but to
play ill, not to amuse, but to annoy, as the most profitable practice ;
and so people who really love quiet and need quiet, have fallen into
the wicked habit of enyying the deaf, and sometimes of questioning if
the sense of hearing is really to be counted among the number of our
blessings. Take a turn anywhere in the suburbs, and you shall soon
see by what process a group of filthy Germans — as filthy in speech as
ip looks — ^levy black-mail upon quiet-loying householders. They
first break out altogether with blasts loud enough to wake the dead,
and blow some air to pieces by every possible violation of time and
tune. Having compelled you to close all the windows, and even then
wish yourself at Jericho — ^where blowers of trumpets were once upon
a time scarcely more dreadful in their visitations — ^they refuse you the
small comfort of getting used to one kind of sounds by resorting to
another. The instruments are thrust under their arms, and they
begin to sing — ^pardon the word, we mean howl ; yes, they howl like
80 many apes and baboons escaped firom the Zoological Gardens, and
looking much like those creatures too, until the sticking-point arrives,
and then they are once more truly human ; that is to say, more
obnoxious than even apes and monkeys. A sandy gentleman carrying
a horn as big as himsdf, which is not intended for musical purposeSf
but as an instrument for picking pockets, has the audacity to sound at
your door a bold rat-tat Perhaps, as the servants are then extra busy,
you open the door yourself, expecting, in your misery, the arrival of
some lively Mend. This is the sticking-point ; it is a question of
relative courage with both parties, and if you have courage and good
sense, you drive the scoundrel away without a fee, but he never fajla
to have the courage to abuse you for your meanness. The law allows
all this ; the law protects the glorious institution. If you object to
street music, you must find out the name and addresses of the parties
offending you, and then take your chance of magisterial justice, which
is often thwarted by the wording of the Act, or by the ingenious
110 STREET MUSIC
deyioes of those who enootuage the nnisanoe, and who^ as in the case
of Mr. BodweU, plant the perfonner on priirate ground, and so deQr
law, reason, decency, and even honesty, for the gratification of the
Tilest taste.
People have smiled at the periodioally-reourring complaints of
Mr. Babhage, and have thought him absurdly sensitive on the
subject of street noises. Well, the learned gentleman may be too
sensitive, and may have overstepped the mark in his zeal of opposi-
tion to out-door music. But the manner in which Mr. Babhage has
been persecuted by evil-disposed persons taking advantage of the
inadequacy of the law is such that we could scarcely vote for
arresting him, or inflicting upon him the smallest punishment, if he
were with his own hands to hang a street musician every day. in
fact, they ought to be hanged in considerable numbers ; and as in
certain lands the natives never bieak&st without a cold missionaiy
on the sideboard, no Londoner should sally forth to business without
first spiking, or hanging, or shooting one of the howlers of the
streets : for have they not hastened, and possibly caused the death
of thousands who, in the hour of extreme anguieJi, might with quiet
have slept and recovered, but who were kept awake, and perished?
Whoever disturbs the quiet of the streets, except for the legitimate
purposes of trade, commerce, and social intercourse, should be held
to be a rogue and vagabond, and be summarily dealt with by the
police in the first instance, and by the^magisirate in the second,
without any ridiculous preliminaries of discovering his name and
whereabouts, or of arranging for communication with his distant
Mends. Suppose, too, for the purpose of putting an extreme case,
that Dr. Babbage is afiOicted with nervous sensibility, has he not, all
the same for that-^aye, and all the more for that— a right to be
quiet in his own house ; a right to pursue his studies unmolested ; a
right to forbid all squeaking, whistling, howling, groaning, and
SQieeching in the neighbourhood of his dwelling, and consider quiet
among the proper possessions of a citizen paying police-rates? The
rights we claim for Dr. Babbage we claim for all, and it surely is
not unreasonable that every person entitled to the privileges of
citizenship should be able to exercise control over all noises likely to
vex him, provided they are of a kind not rendered necessary by use-
fulness, and not justifiable by their harmoniousness.
Mr. Bass's Bill is, we fear, rather too mild a measure ; and we aie
much surprised that there should be found in the House of Com-
mons so many— shall we call them elderly ladies? — who "likt
IN THE METROPOLIS. lU
horgiitB,*' so that to pace an effectual measore is at present next to
impossible. There needs but one view of the case to 'show that if
theze is no need for seyere penalties, there is at least a need for
prompt measures. The blowing of trumpets, the grinding of organs,
the beating of drums, and the screeching of bagpipes in the public
streets ; with all singing usually performed through the nose — all
praying, all reciting, all tremulous appealing to " kyind Christian
friends,*' are so many various modes of begging. The performers
are mendicants, and the multiplication of mendicants is a nuisance
and a disgrace. Those who encourage these beggars encourage
vagabondism; they encourage lads in breaking the terms of their
apprenticeship to seek a livelihood in the streets ; they encourage men
and women to Uve free of all the restraints that are imposed on
persons who must maintain a character ; and they contribute to secure
and perpetuate nuisances that are not simply annoying to others, but
which interfere with many an honest man's living, and many a
sufferer's peace. Looking at the matter closely, it becomes evident
that we require the means not only of summarily punishing incor-
rigible street bawlers and brawlers, but of punishing those who mali-
ciously, stubbornly, or stupidly encourage such nuisances to the
destruction of the public peace.
Thursday^ the 9th June, was fixed for the second
reading of my Bill, which took place, after a short
debate — ^remarkable chiefly for the observations of
the Chancellor of the Exchequer — at about 2 o'clock
in the morning of Friday. How the Right Hon.
Gentleman could fancy, that by my Bill, if it passed
into Law, he would be authorized to require a police-
man to disperse the band of Commissionaires, which
plays in the Enclosure every evening by permission
of the Commander-in-Chief, I cannot imagine, this
being no thoroughfare ; but such a statement
falling &om him wa^ calculated to mislead many per^
112 STREET MUSIC
sons as to the scope and object of my Bill. It was,
however, carried without a division, the motion
for adjournment, intended to defeat it, having been
rejected by a large majority (of 56 to 19).* It,
♦ House op Commons, 9th June, 1864. Debate on Stbeet
Music (Metropolis) Bill.
Mr. Bass moved the second reading of this Bill.
Mr. Hansey thought the measure required grave consideration be>
fore it was sanctioned by the House, interfering as it did with a large
class. (** Oh, oh," and a kugh.) Street music might annoy some per-
sons, but it certainly amused many more, and it was to be regretted
that the extreme sensibilities of a few individuals should have led
them to enter upon a crusade against it. If a Bill like that had
been proposed for the city of Dublin or Glasgow, it would not have
been entertained for a moment It was said that street musicians
were supported only by people who paid them to go away (" Hear,'*
and a laugh), but he utterly denied that. They were supported on
the ordinary principle of supply and demand. (A laugh.) Why
should they s^ to interfere with the amusements of the poor ? They
might as well attempt to put down smoking, which gave enjoyment
to those who indulged in it, but annoyed others who did not. They
ought to have a dear proof of the evils resulting fix)m the practice
against which the Bill was aimed, and also clear proof that that was
the proper mode of remedying those evils ; and at present the House
possessed neither. That was, after all, a paltry kind of legislation ;
and if they were to legislate against every petty annoyance which somo
individuals suffered, they would involve themselves in interminable
difficulties. Many people complained of the nuisance caused by chil-
dren practising at the pianoforte next door to them. Was that to be
put down by Act of Parliament also ? It was a great annoyance to a
house in which there was somebody lying sick that their neighbours
should give an evening party. Why should that not be checked by
legislation as well as organ-playing ? The bands played in the parks
to the great amusement of a large concourse of persons ; but that
BiU would enable any one of the neighbouring housekeepers to de-
prive the public of that source of enjoyment. He regretted that the
bands of the regiments quartered in London did not play much
oftener for the gratification of the people. (*• Question.") In bis
IN THE METROPOLIS, 113
I think, strongly indicates the interest which is taken
in the measure, that as many as 75 Members were
found at their post at 2 o'clock in the morning. I
Budget speech the OhanceUor of the Exchequer cited it as a sign of
the extraordinary poverty of large distriotB of the metropolis that
there were whole streets in them in which the notes of the organ-boy
were never heard. ('*Hear/' and a laugh.) The right honourable
gentleman meant by that, that the inhabitants were so poor that they
were deprived of an innocent gratification. If street musio required
any kind of regulation, it ought to be purely one of police, and not
by special Act of Parliament like that now proposed. The honour-
able gentleman concluded by moving that the BiU should be read a
second time that day six months.
Mr. Lawbost said the honourable member for Derby had a coad-
jutor out-of-doors who had written a pamphlet on the subject of
street music, and who maintained that the whole body of organ-
grinders was supported by the licensed victuallers and the pro-
prietors of public-houses. (A laugh.)
Mr. Aybton advised that the Bill should be read a second time
now, and that the discussion should be taken in committee at a more
oonvenient hour.
Sir G. Gbet had told the honourable member for Derby that he
would not oppose the second reading, but that it would be necessary
to amend the Bill in committea
Mr. Butt thought it was absurd to suggest that the discussion
should be taken in committee. The Bill consisted of only one clause,
and consequently the whole question was now at issue. (Cries of
'* Oh !") If anything could induce him to advocate the suppression
of street music, it would be the cries of ** Oh !" from some honourable
gentlemen, for sounds more resembling those of a barrel-organ out ot
tune he had never heard ; but he should be sorry to put a stop even
to the discordant exclamations of the opponents of the Bill by so
arbitrary a measure as the present.
' Mr. Addeblet said the principle of the Bill was embodied in the
existing law, and it was high time that the inhabitants of London
should be protected against what might be called a Gennan crusade.
The Ohancellob of the Exchequieb took issue, with the last
speaker, and contended that while the principle of the existing law
I
114 . -STREET MUSIC
m
have great Hopes that my BUI mil become Law. It
might be made more efficacious, as it still, no doubt,
leaves opportunities for annoyance by street musi-
was reasonable, the principle of the Bill was most nnreasonable. The
principle of the existing law was, that for reasonable cause any street
musician might be stopped and sent away ; but the honourable mem*
her for Derby wished to substitute for a reasonable cause the purely
arbitrary veto of a single individual. He believed that if the BiU
passed in its present shape, it would authorize him to require a
policeman to disperse the band which now played every evening
within fifty yards of his windows, and the performances of which
were attended by from 2000 to 3000 persons. The Bill, in short, was
an unwarrantable interference with the amusements of the people,
and there was nothing unreasonable in the demand that it should be
discussed at an earlier hour.
Mr. Butt moved the adjournment of the debate.
"Mi. HtTNT supposed that the Chancellor of the Exchequer opposed
the Bill as a Mend of the Italian cause, forgetting that Savoy had
recently been annexed to France, and that barrel-organs were not
included in the French treaty. For his own part, he objected to all
discordant sounds, even though they might come &om tiie Treasury
bench, and his ear had been offended by hearing the Home Secretary
say he was in &vour of the second reading, and the Chancellor of the
Exchequer that he was decidedly opposed to it. He had no wish
to interfere with the amusements of the people ; and if there were
a class fond of street music, in the name of Heaven let them have
it ; but he maintained that if the inhabitants of any particular
street did not want to be driven crazy by a barrel-organ, they should
be permitted to send it away. As to the case of the band playing
near the Chancellor of the Exchequer's house, that scarcely came
within the ordinary definition of street music. At any rate, if all
street musicians performed as well, he would never wish to send them
away.
Mr. Bass would not now enter on the principle of the Bill, as ho
had already given an assurance that a fidl opportunity of debating
it would be allowed on the motion to go into committee. To show
the necessity for legislation on this subject, he would mention an
incident in which he himself was concerned. One day this week a band
IN THE METROPOLIS. 115
cians ; but it ivill in some degree, I think, give pro-
tection to London residents from this intolerable
nuisance ; at any rate, I have done my best for my
disturbed him by playing before his door at half-past eight in the
morning, another followed at half-past nine, and a third an hour later.
His patience broke down under the last infliction, and he told his
servant to ask the band to withdraw. The latter, however, decUned,
and when the policeman was asked to interfere, he replied that his
instructions were to do nothing unless the servant oould say that his
master was dangerously iQ or dead. (Laughter.) He was so
astonished at this statement that he made his man write it down on
paper, and return with it to the constable for confirmation. He even
went to the policeman himself, and ascertained that he had given the
answer attributed to him. He had also an interview with Sir B.
Mayne on the subject, who 'said that the constable had somewhat
exaggerated his instouctions ; but he believed that the man had done
80 to a very slight extent. Sir Kichard assured him that it was
impossible to put in force the present law in regard to street music.
He hoped the House would read the Bill a second time.
Mr. Collins hoped the debate on this tyrannical Bill would be
adjourned.
Sir B. Peel trusted that the House would agree to the second
reading of this Bill for putting down the abominable nuisance of
street organs. He happened to live next door to a religious club,
and regularly every Saturday morning an Italian came and played
the 100th Psalm on a hand-organ. He asked the fellow whether
he could not play some other Psalm tune ; but he said he had not
another in his repertoire. The evil was not felt in poor neighbour-
hoods so much as in the large streets and squares. Beference had
been made to Ireland, but he believed the organ-grinders never
went there. Certainly they would never dream of going to Youghal,
where they could have no chance of levying black-mail.
The House then divided, the numbers being : —
For the adjournment 19
Against it ... ••• ••« •»* ••» 56
^Majority — 37
The Bill was then read a second time amid considerable cheering.
116 STREET MUSIC IN THE METROPOLIS.
clients. I have worked zealously and anxiously, but
I do most unfeignedly regret that the charge of this
Bill should not have been undertaken by some Mem-
ber of the House more competent to do it justice and
to insure its success.
APPENDIX.
118
APPENDIX.
4, The Tebbagb, Eensinqtoh, W^
May 30, 1864.
Deab Sib,
I sisND yon herewith the result of a canvass I have very
recently made agamst street organs, and other noises called music.
I have been to every house within a stone's throw of this in all
directions, and you will see nearly 100 names of persons who object
in this very circumscribed space. If other members of the com-
munity would do the same in their specific districts, I have no
doubt you would have an immense majority against this very
abominable nuisance.
Heartily wishing success to your parliamentary efforts in this
eause,
I remain, dear Sir,
Yours truly,
William Bantino.
M. T, Bats, Esq,, M.P,
I have written to Lord Fermoy, and told him I had forwarded the
list to you.
*' We, the undersigned, in the locality of The Ter-
race, Kensington, being greatly annoyed by street
oi^ans, early and late, desire to testify our wish for
the abatement of such a nuisance."
Here follow the signatures, nearly 100, which it
was my intention to have had printed, with the ad-
dresses, but it would have occupied too much space.
APPENDIX. 119
To THE HONOTTBABLB THE EnIGHTB AND BUBGEBSBB OF THE UNITED
Kingdom or Gbbat Britain and Ibeland, in Pabliament
j^SSEMBLED.
The humble Petiidon of the nndersigned residents in the Metro-
politan District, sheweth — That your Petitioners suffer the greatest
annpyanoe from street musicians at all honrB» disturbing them while
exercising their professions, business, or callings, and that they find
no protection from the police, who generally state that they cannot
interfere or remove such persons. Your Petitioners have seen with
great satis&ction that a Bill is now before your Honourable House
for the better regulation of street music; and though it may not
prevent altogether these annoyances, they hope it will diminish
them, and therefore pray your Honourable House to pass such Bill ;
and your Petitioners, in duty bound, will ever pray.
This petition bears one hundred signatures of bar-
risters, conveyancers, solicitors, &c
to the honoitbable the ooicmons of the united elnqdom of
Obeat Bbitain and Ibeland, in Pabliament assembled.
The humble Petition of the undersigned residents in the Metro-
politan District sheweth — ^That your Petitioners suffer great annoy-
ance from the various noises made by street musicians, at all hours-
of the day, from early in the morning till late at night, particularly
from the Italian organ-grinders, a very numerous class, who infest
the metropolis. The existing law is practically inoperative, and your
Petitioners are wholly unable to get rid of the nuisance caused by
organ-grinders and other street musicians playing before their houses.
Your Petitioners are glad to find a Bill has been introduced into
your Honourable House for the better regulation of street music,
luad trust your Honourable House will pass such Bill; and your
iPetitioners, as in duty boimd, humbly pray.
This petition bears the signatures of about one
hundred and thirty householders at the west end
of London.
120
APPENDIX.
STREET MUSIC (METKOPOLIS>
Fresmble.
2k 8 Vict
c. 47. a. 57.
Repeal of
redtedPro-
vlsirai, and
Sabfititation
of amended
Provision.
A Bin for the better Begtdation of Street Music vnthin
the Metropolitan Police District,
Whereas by Sectian Fifty-seyeQ of the Act peBsed in the
Sessloii of Parliament held in the Second and Third Years
of the Heign of Her present Majesty, intituled *' An Act for
** fiirther improving the Police in and near the Metropolis,"
it was enacted, that any Householder within the Metropo-
litan Police District might require any Street Musician to
depart from the Neighbourhood of the House of any such
Householder, on account of the Illness of any Inmate of
such House, or for other reasonable Cause : And whereas
the said Provision has been found insufficient for the Pro-
tection of such Householders from Annoyance by Street
Musicians: Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of
the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the Authority of the
same, as follows ;
1. Section Fifty-seven of the said Act is hereby repealed,
and in lieu thereof the following Provision shall take eflfect
as Part of the said Act; namely, any Householder within
the Metropolitan Police District, personally, or by his
Servant, or by any Police Constable, may require any Street
Mufflcian or Singer to depart from the Neighbourhood of
the House of such Householder, and every Person who shall
sound or play upon any Musical Instrument or shall ong
in any Thoroughfieu^e near any such House after being so
required to depart shall be liable to a Penalty not more
than Forty ShUUngs ; and it shall be lawful for any Con-
stable belonging to the Metropolitan Police Force to take
into Custody without Warrant any Person who shall offend
as aforesaid.
LOKOOir : PBINTED BT W. CLOWES ASD SONS, BTAHFOBO 8TBS£T
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